& 


Consolidation  ol'tlie  MToiiiea    ifc 
Alton  »^  Saint    I  / 


,  an«i  J;«t>Usoiiville, 
is  Railroads. 


RAILROAD   COMPANY. 


DIRECTORS. 


. 


KAILROAD   COMPANY. 


OF 


AN  ACT  to  construct  a  Railroad   from    Jacksonville,  in  Morgan   county,   tp 
Alton,  in  Madison  county. 

SECTION  1>  &e  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  Philip  Coffman,  David 
A.  Smith,  David  M.  Woodson,  Alfred  W.  Cavarly,  Alexander  B. 
Morean,  William  B.  Warren,  A.  C.  Dickson,  Samuel  M.  Prosser, 
W.  S.  Hurst,  Murray  McConnel.  James  Dunlap,  Thomas  Carlin, 
and  Edward  Keating,  and  their  associates,  successors  and  assigns, 
are  hereby  created  a  body  corporate  •awd  politic,  under  the  name 
and  style  of  the  "Jacksonville  arid  Carrollton  Railroad  Company," 
and  by  that  name  be  and  they  are  kereby  made  capable  in  law  and 
-equity  to  soe  and  be  sued,  plead  and  -be  impleaded,  defend  and  be 
defended,  in  atoy  court  of  law  and  equity  in  this  fctate,  or  in  any 
other  place;  to  make,  have  and  use  a  «  otnmon  seal,  and  the  same 
to  renew  and  alter  at  pleasure,  and  shall  be  and  are  hereby  vested 
with  all  the  powers,  privileges  and  immunities  which  are  or  maybe 
necessary  to  carry  into  effect  the  purposes  and  objects  of  this  act, 
•as  hereinafter  set  forth  ;  asid  the  said  company  are  hereby  author- 
ized and  empowered  to  locate  and  construct  and  finally  complete  a 
railroad  from  the  town  of  Jacksonville,  in  Morgan  county,  by  the 
way  of  Manchester,  in  Scott  county,  Whitehall  and  Carrollton,  in 
•Greene  county,  passing  through  Jerseyville,  Jersey  county,  to  Al- 
ton, in  Madison  county  ;  and  for  this  purpose,  said  company  are 
authorized,  upon  the  most  eligible  and  proper  route,  to  lay  out  their 
said  railroad,  wide  enough  for  a  single  or  double  track,  through  the 
whole  length,  and  may  enter  upon  and  take  a  strip  of  land  not 
exceeding  one  hundred  feet  in  width  ;  and  for  the  purpose  of 
cutting  embankments,  stone  and  gravel,  may  take  as  much  more 
land  as  may  be  necessary  for  the  proper  construction  of  and  secu- 
rity of  said  railroad-:  Provided,  that  nothing  in  this  act  shall  be  •&& 


construed  as  to  prevent  the  corporation  created  by  tins  act  from 
uniting  their  road  with  the  Alton  and  Sangarnon  railroad,  at  or 
near  Brighton,  in  Macoupin  county,  upon  such  terms  as  may  bo 
agreed  on  between  said  companies ;  and  if  an  arrangement  be  en- 
tered into  by  and  between  said  companies,  for  the  company  hereby 
created  to  run  upon  and  use  the  Alton  and  Sangamon  railroad, 
from  and  near  Brighton,  the  said  company  shall  not  be  required  to 
construct  their  road  to  Alton :  And  jjrovided,  further,  that  said 
company  shall  riot  be  fully  organized  and  be  capable  of  con- 
structing their  said  railroad,  until  one  thousand  dollars  per  mile  of 
the  stock  of  said  company  shall,  in  good  faith,  be  subscribed,  and 
ten  per  cent,  thereof  be  paid,  agreeable  to  the  provisions  of  the  act 
entitled  "  An  act  to  provide  for  a  general  system  of  railroad  incor- 
porations," passed  November  5th,  1849. 

§  2.  The  capital  stock  of  said  company  shall  consist  of  five 
hundred  thousand  dollars,  and  may  be  increased  to  one  million  of 
dollars,  to  be  divided  into  shares  of  one  hundred  dollars  each.  The 
immediate  government  and  direction  of  said  company  shall  be  vested 
in  five  directors,  who  shall  be  chosen  by  the  stockholders  of  said 
company,  in  the  manner  hereinafter  provided,  who  shall  hold  their 
office  for  one  year  after  their  election,  and  until  others  shall  be  du- 
ly elected  and  qualified  to  take  their  places  as  directors;  and  the 
said  directors,  a  majority  of  whom  shall  form  a  quorum  for  the 
transaction  of  business,  shall  elect  one  of  their  number  to  be  presi- 
dent of  the  company  ;  that  said  board  of  directors  shall  have  power 
to  appoint  all  necessary  clerks,  secretary,  and  other  officers  neces- 
sary in  the  transaction  of  the  business  of  said  corporation. 

§  3.  The  said  corporation  is  hereby  authorized,  by  their  agents, 
surveyors  and  engineers,  to  cause  such  examination  and  surveys  to 
be  made  of  the  ground  and  country  between  the  points  herein  named 
as  shall  be  necessary  to  determine  the  most  advantageous  route  for 
the  proper  line  or  course  whereon  to  construct  their  said  railroad  ; 
and  it  shall  be  lawful  for  said  company  to  enter  upon  and  take  pos- 
session of  and  use  all  such  lands  and  real  estate  as  may  be  necessary 
for  the  construction  and  maintenance  of  their  said  railroad :  Pro- 
vided, that  all  lands  and  real  estate  entered  upon  and  takrn  pos- 
session of  and  used  by  said  corporation,  for  the  purposes  and 
accommodation  of  said  railroad,  or  upon  which  the  site  for  said 
railroad  shall  have  been  located  or  determined  by  the  said  corpora- 
tion, shall  be  paid  for  by  said  company,  in  damages,  if  any  be 
sustained  by  the  owner  or  owners  thereof,  by  the  use  of  the  same 
for  the  purposes  of  the  said  railroad;  and  all  lands  entered  upon 
and  taken  for  the  use  of  the  said  corporation,  which  are  not  dona- 
ted to  said  company,  shall  be  obtained  and  paid  for  in  the  manner 
Drovided  for  taking  lands  for  the  construction  of  public  roads,  ca- 
nals and  other  public  works,  as  prescribed  in  the  act  concerning 
right  of  way,  approved  March  3,  1845. 

§  4.     If  any  person  shall  wilfully,  maliciously  or  wantonly,  and 


contrary  to  law,  obstruct  the  passage  of  any  car  on  said  railroad,  of 
any  part  thereof,  or  any  thing  belonging  thereto,  or  shall  damage, 
break  or  destroy  any  part  of  the  said  railroad,  or  implements,  or 
buildings,  he,'jshe  or  they,  or  any  person  assisting,  shall  forfeit  and 
pay  to  said  company,  for  every  such  offense,  treble  the  amount  of 
damages  that  shall  be  proved,  before  a  competent  court,  has  been 
sustained,  and  be  sued  for  in  the  name  and  behalf  of  said  company; 
and  such  offender  or  offenders  shall  be  deemed  guilty  of  a  misde- 
meanor, and  shall  be  liable  to  indictment,  in  the  same  manner  as 
other  indictments  are  found,  in  any  county  or  counties  where  such 
offense  shall  have  been  committed ;  and,  upon  conviction,  every  such 
offender  shall  be  liable  to  a  fine  not  exceeding  five  thousand  dollars, 
for  the  use  of  the  county  where  such  indictment  may  be  found. 

§  5.  The  time  of  holding  the  annual  meeting  of  said  company, 
for  the  election  of  directors,  shall  be  fixed  and  determined  by  the 
by-laws  of  said  company  ;  and  at  all  meetings  each  stockholder 
shall  be  entitled  to  a  vote  in  person,  or  by  lawful  proxy,  one  votfc 
for  each  share  of  stock  he  or  she  or  they  may  hold,  bonajide,  in  said 
company. 

§  6.  The  persons  named  in  the  first  section  of  this  act  are  here* 
by  appointed  commissioners,  who,  or  a  majority  of  whom,  are  hereby 
authorized  to  open  subscription  books  for  said  stock,  at  such  places 
as  they  may  deem  proper.  The  said  commissioners  shall  require 
each  subscriber  to  pay  five  dollars  on  each  share  subscribed,  at  the 
time  of  subscribing;  and  whenever  one  hundred  thousand  dollars 
shall  be  subscribed,  the  said  commissioners  shall  call  a  meeting  of 
the  stockholders,  by  giving  thirty  days'  notice  in  some  newspaper 
printed  in  the  county  of  Morgan  ;  and  at  such  meeting  it  shall  be 
lawful  to  elect  the  directors  of  said  company  ;  and  when  the  direc- 
tors of  said  company  are  chosen,  the  said  commissioners  shall  de- 
liver said  subscription  books,  with  all  sums  of  money  received  by 
them  as  commissioners,  to  said  directors.  No  person  shall  be  a- 
director  in  said  company,  unless  he  shall  own  at  least  five  shares 
of  the  capital  stock. 

§  7.  That  the  right  of  way  and  the  real  estate  purchased  for 
the  right  of  way  by  said  company,  whether  by  mutual  agreement  or 
otherwise,  or  which  shall  become  the  property  of  the  company  by 
operation  of  law,  as  in  this  act  provided,  shall,  upon  the  payment 
of  the  amount  of  money  belonging  to  the  owner  or  owners  of  said 
lands,  as  compensation  for  the  same,  become  the  property  of  said 
company  in  fee  simple. 

§  8.  The  said  corporation  may  take  and  transport  upon  said 
railroad  any  person. or  persons,  merchandise  or  other  property,  by 
the  force  and  power  of  steam  or  animals,  or  any  combination  of 
them,  and  may  fix",  establish,  take  and  receive  such  rates  of  toll,  for 
all  passengers  and  property  transported  upon  the  same,  as  the  di^ 
rectors  shall  from  time  to  time  establish ;  and  the  directors  are 
hereby  authorized  and  empowered  to  make  all  necessary  rules,  by- 


iaws,  regulations  aud  ordinances  that  they  may  deem  necessary  and 
expedient  to  accomplish  the  designs  and  purposes,  and  to  carry  into 
effect  the  provisions  of  this  act,  and  for  the  transfer  and  assignment 
of  its  stock,  which  is  hereby  declared  personal  property,  and  trans- 
ferable in  such  manner  as  shall  be  provided  for  by  the  by-laws  and 
ordinances  of  said  corporation. 

§  9.  The  directors  o-f  said  company,  after  the  same  is  organized, 
shall  have  power  to  open  books,  in  the  manner  prescribed  in  the 
sixth  section  of  this  act,  and  to  fill  up  the  additional  five  hundred 
thousand  dollars  of  stock,  or  any  part  thereof,  at  such  times  a» 
they  may  deem  it  for  the  interest  of  said  company  ;  and  all  the  in- 
stallments required  to  be  paid  on  the  stock  originally  to  be  taken, 
and  what  may  be  taken  to  increase  said  capital,  shall  be  paid  at 
*uch  times  and  in  such  sums  as  said  directors  may  prescribe. 

§  10.  In  case  of  the  death,  resignation  or  removal  of  the  presi- 
dent, vice  president  or  any  direetor,  at  any  time  between- the  annual 
flections,  such  vacancy  may  be  filled  for  the  remainder  of  the  year, 
•whenever  they  may  happen,  by  the  board  of  directors  ;  and  in  case 
of  absence  of  the  president  and  vice  president,  the  board  of  direc- 
tors shall  have  power  to  appoint  a  president  pro  tempore^vdio  shall 
have  and  exercise  huch  powers  and  functions  as  the  by-laws  of  the 
said  corporation  may  provide.  In  case  it  should  at  any  time  hap- 
pen that  an  election  shall  not  be  held  on  any  day  on  which,  in  pur- 
suance of  this  actr  it  ought  to  be  held,  the  said  corporation  shall 
not  for  that  cause  be  deemed  dissolved,  but  such  election  shall  be 
held  at  any  other  time  directed  by  the  by-laws  of  said  corporation. 

§  11.  That  when  the  lands  of  any  femme  covert,  persons  under 
age,  non  compos  mentis,  or  out  of  this  State,  shall  be  taken  in  the 
construction  of  said  railroad,  as  is  provided  by  this  act,  the  said 
corporation  shall  pay  the  amount  that  shall  be  awarded  as  due  to 
the  said  last  mentioned  owners,  respectively,  whenever  the  same 
shall  be  lawfully  demanded.  That  to  ascertain  the  amount  to  be 
paid  to  the  persons  named  in  this  section  for  lands  taken  for  the 
nse  of  said  corporation,  it  shall  be  the  duty  of  the  judge  of  the  first 
judicial  circuit,  upon  notices  given  to  him  by  the  said  corporation, 
to  appoint  three  commissioners,  to  be  persons  not  interested  in  the 
matter,  to  determine  the  damages  which  the  owner  or  owners  of  the 
land  or  real  estate  so  entered  upon  by  the  said  corporation,  has  or 
have  sustained  by  the  occupation  of  the  same  ;  and  it  shall  be  the 
duty  of  said  commissioners,  or  a  majority  of  them,  to  deliver  to  said 
corporation  a  written  statement  of  the  awards  they  shall  make,  with 
a  description  of  the  land  or  real  estate  appraised,  to  be  recorded  by 
the  said  corporation  in  the  clerk's  office  in  the  county  in  which  the 
land  or  real  estate  so  appraised  shall  be,  and  then  the  said  corpo- 
ration shall  be  deemed  to  be  seized  and  possessed  of  the  fee  simple 
of  all  such  lands  or  real  estate  as  shall  have  been  approved  by  the 
commissioners. 

§  12.     That  whenever  it  shall  be  necessary  for  the  construction 


of  said  railroad  to  intersect  and  cross  an  j  water  course,  or  any  road 
or  highway,  lying  between  the  points  aforesaid,  it  shall  be  lawful 
for  the  corporation  to  construct  their  railroad  across  or  upon  the 
same :  Provided,  that  the  said  corporation  shall  restore  the  iwater 
course,  or  road,  or  highway,  thus  intersected,  to  its  former  state,  or 
in  a  sufficient  manner  not  to  have  impaired  its  usefulness. 

§  13.  That  the  capital  stock  of  said  company  may  be  increased 
from  one  million  of  dollars  to  one  million  five  hundred  thousand 
dollars,  from  time  to  time,  by  nevr  subscriptions,  if  such  increase 
shall  be  found  necessary  to  fulfill  the  intention  of  this  act,  upon 
the  directors  for  the  time  being  giving  the  notice  as  herein  required, 
previous  to  the  opening  the  subscription  books  for  the  original  stock 
herein  ;  and  that  all  stock  of  said  corporation  shall  be  deemed  per- 
sonal property,  and  transferable  in  such  manner  as  the  said  corpo- 
ration shall,  by  its  by-laws,  prescribe. 

§  14.  That  it  shall  be  lawful  for  the  directors  to  require  pay- 
ment of  the  sums  subscribed  to  the  capital  stock,  at  such  times, 
and  in  such  proportions,  and  on  such  conditions,  as  they  shall  deem 
fit,  under  the  penalty  of  the  forfeiture  of  all  previous  payments 
thereon,  and  shall  give  notice  of  the  payments  thus  required,  and 
of  the  place  and  time  when  and  where  the  same  are  to  be  paid,  at 
least  ninety  days  previous  to  the  payment  of  the  same,  in  some 
public  newspaper  of  this  State,  published  in  some  one  of  the  place* 
where  the  notice  for  the  opening  the  books  for  subscription  to  the 
capital  stock  may  have  been  published. 

§  15.  The  width  of  said  railroad  is  to  be  determined  by  the  said 
corporation,  within  the  limits  prescribed  in  the  1st.  section  of  this  act. 

§  16.  The  said  corporation  may,  if  deemed  advisable,  locate, 
construct  and  maintain  a  plankroad,  and  not  a  railroad  ;  and  such 
plankroad  shall  be  substituted  for  the  railroad,  or  a  plankroad 
may  be  substituted  between  any  of  the  points  named  herein.  The> 
said  corporation  may,  for  the  purposes  of  locating,  constructing 
and  maintaining  said  road,  borrow  money,  at  an  interest  not  exceed- 
ing seven  per  cent,  per  annum,  and  pledge  the  road,  and  all  or  every 
part  of  its  property  and  efiects,  for  the  repayment  thereof,  and 
may  loan  any  surplus  funds  at  such  rate  of  interest  as  is  now  allowed 
upon  money  loaned.  If  a  railroad  or  plankroad  shall  be  construct- 
ed between  any  of  the  points  herein  named,  the  corporation  shall 
continue  to  exist,  and  have,  use,  manage  and  control  the  same,  a* 
though  the  whole  length  of  the  road  had  been  completed. 

APPROVED  February  15,  1851. 

[AMENDMENTS  TO  THE  CHARTER] 

AN  ACT  to  amend   the   charter  of  the  Jacksonville  and   Carrolton  Railroad 

Company. 

SECTION  1.  Be  it  enacted  by  the  people  of  the  State  of  llltnoi* 
represented  in  the  General  Assembly,  That  the  Jacksonville  and 
Oarrolton  Railroad  Company,  incorporated  by  an  act  entitled  uAa 


act  to  construct  a  railroad  from  Jacksonville,  in  Morgan  county,  to 
Alton,  in  Madison  county,"  approved  February  15th,  1851,  be  and 
are  hereby  authorized  to  extend  the  said  railroad  along  the  most 
eligible  rouie  to  any  point  on  the  Mississippi  rivev  not  more  than 
twenty-five  miles  below  the  city  of  Alton,  as  may  be  deemed  advi- 
sable by  said  company,  and  for  the  purpose  of  such  extension,  said 
Jacksonville  and  Carrolton  Railroad  Company  are  declared  to  pos- 
sess all  the  powers,  and  shall  be  subject  to  all  the  restrictions  con- 
tained in  the  original  act  of  incorporation  :  Provided,  that  if  the  city 
of  Alton  shall  subscribe  and  become  responsible  for  the  sum  of  one 
hundred  thousand  dollars  as  stock  in  the  said  railroad  company, 
for  the  purpose  of  aiding  in  the  construction  of  said  railroad,  in  the 
aame  manner  and  upon  the  same  terms  that  the  said  city  took  stock 
in  the  Sangamon  and  Alton  and  Terre  Haute  and  Alton  Railroad 
corporations,  then  and  in  that  case  the  terminus  of  the  said  Jack- 
sonville and  Carrolton  Railroad  shall  be  and  remain  at  the  said  city 
of  Alton.  The  said  city  shall  not,  however,  be  required  to  take 
said  stock  in  said  railroad  company  until  the  county  of  Morgan,  in 
its  corporate  capacity,  or  the  inhabitants  of  said  county,  or  both 
together,  shall  have  subscribed  the  sum  of  fifty  thousand  dollars 
to  the  capital  stock  of  said  railroad  company,  and  until  the  counties 
of  Greene  and  Jersey,  in  their  corporate  capacity,  shall  have  seve- 
rally and  respectively  subscribed  the  sum  of  fifty  thousand  dollars 
to  said  capital  stock.  And  when  said  several  subsciptions  shall 
have  been  made  as  aforesaid,  and  the  subscribers  become  responsi- 
ble for  the  payment  of  the  same,  it  shall  be  the  duty  of  the  presi- 
dent of  the  said  railroad  company  to  notify  the  authorities  of  the 
city  of  Alton  of  such  subscriptions,  and  if  the  said  city  shall  fail  or 
refuse,  within  one  month  after  said  notification,  to  subscribe  and 
become  responsible  for  the  said  sum  of  one  hundred  thousand  dol- 
lars, as  herein  directed,  then  and  in  that  event  the  power  of  the 
aaid  railroad  company  to  make  the  extension  aforesaid  shall  take 
effect. 

§  2.  For  the  purpose  of  facilitating  the  construction  of  the 
railroad  authorized  by  the  act  to  which  this  is  an  amendment,  the 
aaid  corporation  is  hereby  authorized  to  negotiate  a  loan  or  loans 
of  money  to  the  amount  of  its  capital  stock,  and  to  issue  the  Bonds' 
of  the  said  company  for  the  same,  and  to  pledge  all  its  property, 
real  and  personal,  and  all  its  rights,  credits  and  franchises  for  the 
payment  thereof. 

§  3.  If  the  said  Jacksonville  and  Carrolton  Railroad  shall  bo 
extended  as  provided  in  the  first  section  of  this  act,  then  the  cap- 
ital stock  of  said  company  may  be  increased  to  such  a  sum  of  money 
as  may  be  deemed  necessary  to  construct,  finish  and  maintain  such 
extension  ;  arid  said  company  shall  have  authority  to  increase  th« 
number  of  their  directors,  not  exceeding  four,  in  addition  to  those 
already  provided  Tor. 

APPROVED  February  11,  1853. 


AN  ACT  to  amend  an  act  entitled  "an  act  to  construct  a  railroad  from  Jack- 
sonville, in  Morgan  countv,  to  Alton,  in  MadLson  county,"  approved  February 
15th,  1854. 

SECTION  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois^ 
represented  in  the  General  Assembly,  That  the  Jacksonville  and 
Carralton  Railroad  Company  may,  for  the  purpose  of  locating, 
constructing,  maintaining,  and  operating  said  road,  borrow  money, 
and  for  that  purpose  issue  bonds  to  bear  interest  not  exceeding 
eight  per  cent,  per  annum  ;  but  the  payment  of  said  bonds  shall  be 
secured  by  said  road  and  its  appendages,  and  the  franchises  and 
property  of  said  corporation,  and  all  sales  of  bonds,  for  a  less 
amount  than  par  value,  shall  be  good  and  valid,  and  as  binding  upon 
the  said  corporation  as  if  the  same  were  sold  for  their  full  value  ; 
and  the  said  corporation  may  loan  any  surplus  funds  at  such  rate 
of  interest  as  is  now  allowed  upon  money  loaned  :  Provided,  noth- 
ing herein  contained  shall  be  so  construed  as  to  confer  banking 
privileges. 

§  2.  All  the  acts  and  proceedings  of  the  corporators  or  com- 
missioners, named  in  the  act  to  which  this  is  an  amendment,  or  any 
of  them,  in  obtaining  subscriptions  to  the  capital  stock  of  said  com- 
pany, or  otherwise,  are  hereby  declared  to  be  as  good  and  valid  as 
if  all  the  requirements  of  said  act  had  been  strictly  complied  with. 

§  3.  The  certificate  of  the  secretary  of  said  company,  under  the 
corporate  seal  thereof,  shall  be  relieved  in  all  courts  of  justice  and 
elsewhere,  as  evidence  of  the  regular  organization  of  said  company 
under  its  charter,  and  of  any  act  or  order  of  the^board  of  directors 
oi  said  company ;  and  all  the  acts  and  doings  of  the  said  company 
in  the  organization  thereof,  are  hereby  declared  to  be  good  and 
valid,  and  the  rights,  privileges  and  franchises  of  said  company  as 
granted,  are  hereby  declared  to  be  in  full  force  and  effect. 

§  4.  So  much  of  section  sixteen  of  the  act  to  which  this  is  an 
amendment  as  authorizes  the  construction  of  a  palnk  road,  instead 
of  a  railroad,  be  and  the  same  is  hereby  repealed. 

§  5.  The  act  to  which  this  is  an  amendment,  and  an  act  entitled 
"an  act  to  amend  the  charter  of  the  Jacksonville  and  Carrolton 
road,"  approved  February  11,  1853,  are  hereby  declared  to  be  pub- 
lic ats,  and  this  shall  be  in  force  from  and  after  its  passage. 

APPROVED  February  27th,  1854. 


AN  ACT  to  amend  an  act  entitled  "An  act  to  construct  a  railroad  from  Jack- 
sonville, in  Morgan  county,  to  Alton,  in  Madison  county,"  approved  February 

15,  1ST,  1. 

SECTION!.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  name  of  the  Jack- 
eonville  and  Carrolton  Railroad  Company  be  and  is  hereby  chang- 
ed and  declared  to  be  the  "Jacksonville,  Alton  and  St.  Louis  Rail- 
road Company,"  and  by  and  under  that  name  said  corporation  shall 


be  "henceforth  known,  and  have  its  corporate  existence,  and  hold 
and  be  possessed  of  all  the  rights,  powers  and  privileges  granted 
to  the  Jacksonville  and  Carrol  ton  Railroad  Company,  in  the  origi- 
nal charter  of  said  company  and  the  several  amendments  thereto, 
and  shall  be  and  become  vested  with  all  property  and  estate  and 
rights  of  every  kind  whatever,  vested  in  the  name  of  "The  Jack- 
sonville and  Carrolton  Railroad  Company,"  as  fully  as  if  said  name 
had  not  been  changed. 

§  2.  The  said  corporation,  in  addition  to  the  provisions  granted 
by  the  act  to  which  this  is  an  amendment  as  well  as  the  amend- 
ments approved  Feb.  11,  1853,  and  Feb.  27,  1854,  are  hereby  au- 
thorized to  purchase  and  hold  any  tract  or  tracts  of  land  along  the 
line  of  said  road,  for  passing  over  which  the  owner  or  owners  there- 
of may  claim  damages,  and  fail  or  refuse  to  relinquish  to  the  said 
"corporation  the  right  of  way  over  the  same,  and  release  said  com- 
pany from  the  payment  of  said  damages,  and  the  said  corporatioa 
shall  have  power  to  purchase  and  hold  other  real  estate  for  said 
road,  for  the  purpose  of  procuring  timber  or  other  materials  for 
the  construction  of  the  same,  and  for  such  other  purposes  as  may 
be  required  for  the  use  of  said  road. 

§m3.  The  said  company  may  also  receive  voluntary  grants  or 
donations  of  land  or  other  property  for  the  use  of  said  road,  and 
also  enter  upon  and  take  possession  of  awd  use  all  and  singular 
any  lands,  streams  and  materials  of  every  kind  for  the  location  of 
depots  and  stopping  stages,  for  the  purpose  of  constructing  bridges, 
dams,  embankments,  excavations,  station  grounds,  spoil-banks, 
turn-outs,  engine  houses,  shops,  and  other  buildings  necessary  for 
the  construction,  completing,  altering,  maintaining,  preserving,  and 
complete  operation  of  said  road.  All  such  lands,  material?  and  privi- 
ges  belonging  to  the  State  are  hereby  granted  to  said  corpora- 
tion for  said  purposes;  but  when  owned  or  belonging  to  any  per- 
son, company  or  corporation,  and  cannot  be  obtained  by  voluntary 
grant  or  release,  the  same  may  be  taken  and  paid  for  in  the  man- 
ner provided  for  iu  the  third  section  of  the  act  to  which  this  is  am 
amendment, 

§  4.  The  said  corporation  is  hereby  authorized  to  recieve  sub- 
scriptions to  the  stock  of  said  road,  payable  at  any  time  thereafter, 
with  such  a  rate  of  interest  thereon  as  may  be  agreed  on,  and  for 
securing  the  payment  of  said  stock  and  interest,  said  corporation 
may  receive  the  bond  of  said  subscriber,  with  a  mottgage  or  deed  of 
trust  upon  real  estate,  and  the  said  corporation,  on  a  failure  or  refu- 
sal of  said  subscriber,  his  heirs,  executors  or  administrators,  to  pay 
the  said  sum  of  money  and  interest  when  payable,  may  proceed,  by 
suit  in  any  court  having  competent  jurisdiction,  to  foreclose  said 
mortgage  or  sell  said  real  estate,  agreeably  to  the  provisions  con- 
tained in  the  deed  of  trust.  The  said  corporation  may  assign  said 
note  and  mortgage  or  deed  of  trust,  and  such  vest  in  the  assignee 
the  legal  title  thereto. 


§  5.  The  said  corporation  shall  never  be  allowed  to  issue  certifi- 
cates for  stock  in  said  company,  unless  ordered  by  a  majority  of  the 
directors,  and  for  a  valuable  consideration  to  be  given  therefor,  and 
when  such  certificates  shall  be  issued  they  shall  be  signed  by  the 
president  and  countersigned  by  the  secretary  of  said  company,  and 
attested  by  the  seal  of  said  corporation. 

§  6.  The  said  corporation  may  hereafter  construct  their  said 
railroad  along  the  most  eligible  and  practicable  route  to  Illinois- 
town  or  any  point  opposite  St.  Louis,  and  for  that  purpose  shall 
possess  and  exercise  all  the  privileges,  immunities  and  franchises, 
and  enjoy  all  the  rights  granted  by  this  act  and  the  act  to  which 
this  is  an  amendment,  and  the  several  amendments  thereto. 

§  7.  The  said  corporation,  at  any  time  before  the  construction 
of  the  said  road  as  provided  in  the  foregoing  section,  may  contract 
with  any  railroad  company  now  operating  between  the  city  of  Alton 
and  St.  Louis,  or  which  may  hereafter  do  so,  for  the  consolidation 
of  said  corporation,  or  for  the  use  of  said  road,  depot  buildings, 
engine  house,  and  all  other  appurtenances  connected  therewith,  for 
such  time  and  on  such  terms  as  may  be  agreed  on. 

§  8.  The  numbe'r  of  the  directors  of  the  said  corporation  shall 
hereafter  be  increased  to  seven,  who  shall  be  elected  at  such  time 
and  place  as  may  be  provided  by  the  by-laws  of  said  company,  and 
it  shall  be  lawful  for  the  directors  of  said  company  to  alter  said 
by-laws,  and  change  the  time  and  place  for  the  annual  election  of 
directors,  whenever  in  their  judgement  it  may  be  deemed  advisable. 

§  9.  The  courts  of  Morgan,  Green  and  Jersey  may  issue  bonds  for 
the  full  amount  respectively  subscribed  by  them  or  which  they  may 
hereafter  subscribe  in  behalf  of  said  counties  to  the  capital  stock 
of  the  Jacksonville  and  Carrolton  Railroad,  when  requested  to  do 
so  by  the  order  of  the  directors  of  said  corporation  ;  and  the  clerks 
of  the  county  courts  of  said  counties  shall  transmit  to  the  Auditor 
of  State  the  amounts  respectively  subscribed  by  said  counties,  to- 
gether with  the  accruing  interest,  also  the  amount  of  bonds  issued 
to  said  corporation ;  and  it  shall  be  the  duty  of  the  auditor,  in  ma- 
king out  the  forms  for  each  county,  to  prepare  a  column  for  the 
amount  of  interest  required  to  be  raised  annually  to  meet  the  accru- 
ing interest  on  such  bonds,  which  shall  be  collected  at  the  same 
time  and  manner  of  collecting  the  state  revenue  and  paid  into  the 
county  treasury ;  and  the  collectors  of  said  county  shall  be  allowed 
the  same  compensation  for  collecting  said  interest  as  they  recieve 
for  collecting  a  like  amount  of  the  state  revenue,  to  be  paid  by  said 
counties  ;  and  for  the  faithful  discharge  of  their  duties  shall  sever- 
ally be  required  to  give  bond  and  security  to  be  approved  by  the 
clerks  of  said  county  respectively. 

§  10.  This  act  is  hereby  declared  to  be  a  public  act,  and  shall  be 
in  force  and  take  effect  from  and  after  its  passage. 

APPROVED  Feb.  7,  1857. 


10 

AX  ACT  to  amend  an  act  entitled  ''An  act  to  construct  a  railroad  from  Jackson- 
ville, in  Morgan  county,  to  Alton,  in  Madison  county,"  approved  February  15, 
1851,  and  other  acts  amendatory  thereto. 

SECTION  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  Jacksonville,  Alton 
and  St.  Louis  Railroad  Company,  in  addition  to  the  powers  granted 
by  the  act  to  which  this  is  an  amendment,  as  well  as  the  amend- 
ments approved  February  11,  1853,  February  27,  1854,  and  Feb- 
ruary 7,  1857,  are  hereby  authorized  to  unite  or  consolidate  their 
railroad,  for  running  purposes,  operation  or  business,  with  any 
railroad  constructed  or  to  be  constructsd,  on  such  terms  as  may  be 
mutually  agreed. 

§  2.  The  said  corporation  is  hereby  authorized  to  contract  with 
any  railroad  corporation  now  operating  or  charterad  or  which  may 
hereafter  be  operating  or  chartered,  between  Alton  and  Illinois- 
town,  for  the  running  of  trains  over  and  use  of  their  road,  depots, 
buildings  and  all  other  appurtenances  connected  therewith,  or  foi 
the  purchase,  in  whole  or  in  part,  or  may  subscribe  or  purchase 
stock,  or  become  otherwise  interested  in  any  such  railroad  corpo- 
ration, as  aforesaid,  or  make  such  other  arrangements  and  con- 
tracts, for  the  use  and  occupancy  of  such  railroads  and  appurtenan- 
ces as  may  be  deemed  necessary  for  the  operating  and  business  of 
the  said  corporation. 

§  3.  The  said  corporation  is  hereby  authorized  to  unite  and 
connect  its  railroad  with  the  St.  Louis,  Alton  and  Chicago  Rail- 
road, at  any  point,  within  ten  miles  of  the  city  of  Alton,  upon 
such  terms  as  may  be  mutually  agreed  upon  ;  and  if  any  such  con- 
nection be  made,  the  said  corporation  shall  not  be  obliged  to  con- 
struct its  road  to  either  Alton  or  Illinoistown,  or  they  may,  by  mu- 
tual agreement  or  contract  with  the  said  St.  Louis,  Alton  and 
Chicago  Railroad  Company,  build  and  maintain  a  seperate  track- 
way along  side  of  said  road  from  the  point  of  intersection  into  the 
city  of  Alton,  or  may  make  such  other  contracts  or  arrangements 
for  the  joint  occupancy  and  use  of  said  St.  Louis,  Alton  and  Chica- 
go Railroad,  depot,  switches  and  appurtenances,  as  may  be  mutually 
agreed  upon. 

§  4.  The  said  corporation  may  construct  their  road  on  or  across 
any  stream  of  water,  water  course,  road  or  highway,  railroad  or 
canal,  or  street,  levee  or  alley,  in  any  city  or  town,  winch  the  routo 
of  its  road  shall  intersect ;  but  the  corporation  shall  restore  the 
stream  or  "water  course,  road  or  highway,  railroad  or  canal,  street, 
levee  or  alley,  thus  intersected,  to  its  former  state,  or  in  a  sufficient 
manner  not  to  have  materially  impaired  its  usefulness.  Whenever 
the  route  of  said  railroad  shall  intersect  any  road  or  highway,  rail- 
road, street,  levee  or  alley,  the  said  corporation  shall  have  power  to 
change  the  line  or  grade  of  same,  if  such  change  be  desirable  and  shall 
not  impair  their  usefulness ;  and  said  corporation  may  take  such  addi- 
tional lands  or  real  estate,  for  the  construction  of  such  road,  highway, 


11 

railroad,  street,  levee  or  alley,  or  water  course,  as  may  be  deemed 
requisite  by  said  corporation.  Unless  the  land  so  taken  shall  be 
voluntarily  given  compensation  therefor  shall  be  ascertained  in  the 
manner  as  provided  in  the  original  charter,  the  several  amendments 
thereto,  and  also  this  amendment,  as  nearly  as  may  be,  and  duly 
made  by  the  said  corporation  to  the  owner  or  persons  interested 
in  such  lands  the  same,  when  so  taken,  to  become  part  of  such  in- 
tersecting road,  highway,  railroad,  canal,  street  or  alley,  or  water 
course,  in  such  manner  and  by  such  time  as  the  adjacent  parts  of 
the  same  highway,  railroad,  road,  street  or  alley,  may  be  held  for 
highway  or  other  purposes. 

§  5.  That  in  all  proceedings  had  or  hereafter  to  be  had  for 
right  away  or  condemnation  of  real  estate,  for  any  purpose,  to  the 
use  of  said  railroad  corporation,  after  any  assessment  or  non-as- 
sessment of  damages  in  the  premises,  by  commisioners  or  apprais- 
ers, and  any  appeal,  or  other  proceedings  in  the  premises,  by  either 
party,  the  said  company  may  proceed  with  their  enterprise,  if  they 
will  give  bond  and  security,  in  a  sufficient  amount,  to  be  approved 
by  the  clerk  of  the  circuit  court  of  the  proper  county,  conditioned 
to  pay  to  the  owner  or  owners  of  such  re°l  estate  all  costs  and 
damages  that  may  thereafter  be  legally  taxed  and  assessed  in  the 
premises  against  said  corporation. 

§  6.  Whenever  any  real  estate  or  securities  of  any  kind  shall 
or  may  be  mortgaged  or  pledged  to  said  corporation,  to  secure  the 
payment  of  any  debt  due  or  to  become  due  to  them,  they  shall  be 
and  are  hereby  authorized  to  purchase,  take  and  hold  the  said  real 
estate  or  securities,  and  to  acquire  the  same  by  contract,  or  pur- 
chase or  sale,  made  in  pursuance  of  any  judgement  at  law  or  any 
decree  of  a  court  of  equity,  or  otherwise,  and  also  to  purchase  and 
hold  such  other  real  estate  as  may  be  deemed  necessary  for  the 
interest  of  said  corporation,  and  shall,  also,  be  authorized  to  sell 
and  convey,  by  deed,  in  fee  simple,  all  lands,  town  lots  or  other 
real  estate  belonging  to  or  acquired  by  said  corporation  or  which 
may  hereafter  be  acquired  by  purchase,  donation  or  otherwise, 
which,  in  the  judgement  of  its  board  of  directors,  is  not  needed  jfor 
the  purposes  of  said  corporation.  And  in  all  sales,  deeds  of  trust 
or  mortgages  of  real  estate  by  said  corporation,  the  conveyances 
shall  be  made  in  the  corporate  name  thereof,  signed  and  acknowl- 
edged by  the  president,  under  the  seal  of  the  corporation,  and 
attested  by  the  secretary  thereof. 

§  7.  The  provisions  of  an  act  entitled  an  "Act  supplemental  to 
an  act  entitled  'an  act  to  provide  for  a  general  system  of  railroad 
incorporations,'  "  approved  November  6th,  1849,  and  also  of  "An 
act  to  facilitate  the  construction  of  railroads,"  approved  March  1, 
1854,  are  hereby  declared  and  made  applicable  to  each  and  every 
town  now  incorporated,  or  that  may  hereafter  be  incorporated,  sit- 
uated at  either  end  or  on  the  line  of  the  Jacksonville,  Alton  and 
St.  Louis  Railroad,  or  within  two  miles  thereof,  as  the  same  has 


II 

been  heretofore  surveyed  or  may  hereafter  be  surveyed  and  located  ; 
and  the  corporate  authorities  of  any  such  town  may  order  an  elec- 
tion or  elections  to  be  held  in  such  town,  by  the  legal  voters  thereof, 
upon  the  question,  whether  the  town,  in  its  corporate  capacity,  will 
or  will  not  subscribe  to  the  capital  stock  of  "The  Jacksonville, 
Alton  and  St.  Louis  Railroad  Company,"  any  sum  not  exceeding 
twenty-five  thousand  dollars.  And  in  case  any  such  election  shall 
be  held  the  same  shall  be  conducted  as  the  town  elections.  And  if 
at  any  such  election  a  majority  of  the  voters  voting  shall  be  in 
favor  of  making  such  subscription  the  provisions  of  the  two  acts 
recited  in  this  section  and  also  of  all  other  general  laws  relating  to 
subscriptions  by  counties  or  cities  to  the  capital  stock  of  railroad 
companies  shall  apply  to  and  govern  the  corporate  authorities  of 
such  town  in  making  such  subsciptions,  so  far  as  the  same  is  appli- 
cable, and  in  all  the  subsequent  proceedings  relating  thereto  and 
the  rights  of  such  town  against  said  company  shall  be  the  same, 
with  the  like  remedies  to  enforce  such  rights,  as  the  rights  and 
remedies  of  counties  in  cases  of  county  subscriptions. 

§  8.  The  said  corporation  are  hereby  authorized  to  make  and 
issue  preferred  stock,  guaranteeing  such  a  rate  of  interest,  not  ex- 
ceeding eight  per  cent,  per  annum,  or  with  such  prority  over  the 
remaining  stock  of  such  corporation,  in  the  payment  of  dividends, 
as  the  directors  of  said  corporation  may  determine.  And  the  said 
board  of  directors  may  make  such  by-laws  and  regulations,  neces- 
sary to  give  and  secure  to  each  original  stockholder  in  said  corpo- 
ration a  free  pass  over  the  said  road,  when  completed,  so  long  as 
such  person  may  continue  the  bonafide  owner  of  such  original  stock  : 
Provided,  that  no  free  pass  shall  be  issued  to  any  such  stockholder 
unless  he  is  the  owner  of  at  least  five  shares  of  said  capital  stock. 

§  9.  Said  corporation  may  maintain  suits  against  stockholders, 
for  non-payment  of  capital  stock  or  for  any  other  demands  or  claims 
against  other  persons,  in  any  county  through  which  their  road 
passes  ;  and  no  stockholder  or  other  person  interested  in  the  affairs 
of  said  corporation  shall  be  incompetent  to  testify  as  a  witness  or 
act  in  any  ministerial  capacity  in  any  proceeding,  legal  or  other- 
wise, where  the  said  corporation  may  be  a  party. 

§  10.  The  said  corporation  is  hereby  authorized,  from  time  to 
time,  to  borrow  such  sum  or  sums  of  money,  on  the  credit  of  the 
corporation,  as  may  be  necessary  for  completing,  furnishing  or  ope- 
rating their  said  railroad,  or  for  any  other  purpose  connected  there- 
with, at  a  rate  of  interest  not  exceeding  ten  per  cent,  per  annum, 
payable  semi-annually  or  annually,  and  may  execute  bonds  there- 
for, with  interest  coupons  thereto  annexed,  and  secure  the  payment 
of  the  same,  by  mortgage  or  deed  of  trust  on  the  whole  or  any  part 
of  their  said  railroad  and  corporate  property,  franchises  and  income 
of  said  corporation,  then  existing  or  thereafter  to  be  acquired,  and 
may  annex  to  said  mortgage  bonds  the  privilege  of  converting  the 
same  into  the  capital  stock  of  the  corporation  at  par,  at  the  option 


of  the  holders,  if  such  election  be  signified,  in  writing,  to  the  cor- 
poration, at  any  time,  not  exceeding  five  years  from  the  date  there- 
of. The  said  bonds  and  interest  may  be  made  payable,  either 
within  or  without  this  state  ;  and  if  the  payment  of  the  moneys 
thereby.secured  shall  be  afterwards  enforced  by  a  sale  of  the  prop- 
erty thus  conveyed  by  mortgage  or  deed  of  trust,  such  sale  shall  con- 
vey to  the  purchaser  or  purchasers  the  right  to  hold  arid  exercise  the 
said  franchises  as  fully  as  the  same  right  was  possessed  by  said 
corporation  ;  and  in  any  case  where  the  rolling  stock,  equipments 
or  other  personal  property  of  said  corporation,  or  any  part  thereof 
shall  be  included  in  any  mortgage  or  deed  of  trust,  as  aforesaid, 
the  said  mortgage  or  deed  of  trust  shall  be  acknowledged  by  the  said 
corporation  in  the  same  manner,  and  recorded  as  provided  by  law, 
shall  be  as  binding  upon  the  said  corporation  and  have  the  same 
force  and  eftcct,  in  every  respect,  as  if  the  same  were  upon  real 
estate  alone,  any  law  of  this  state  to  the  contrary  notwithstanding. 

§  11.  That  the  directors  of  said  corporation  be  and  they  are 
hereby  authorized  to  negotiate  and  sell  the  bonds  of  the  said  corpo- 
ration ac  such  time  and  in  such  places,  cither  within  or  without  this 
state,  and  at  such  rates  and  for  such  prices  as,  in  their  opinion, 
will  best  advance  the  interest  of  the  corporation  ;  and  if  such  bonds 
are  thus  negotiated  or  sold  at  a  discount  below  their  par  value,  such 
sale  shall  be  as  valid  and  binding  OH  the  company,  in  every  respect, 
as  if  they  were  sold  or  deposited  at  their  par  value. 

§  12.  That  the  said  corporation,  in  securing  the  payment  of  said 
bonds,  by  a  mortgage  or  deed  of  trust  on  the  road,  property,  fran- 
chises and  income  of  the  corporation,  shall  have  power  to  execute 
a  mortgage  or  deed  of  trust  aforesaid,  to  secure  the  payment  of 
the  full  amount  of  bonds  which  the  corporation  may  at  the  time  of 
said  mortgage  or  deed  of  trust  bears  date,  or  at  any  time  thereafter, 
desire  to  sell  and  dispose  of,  and  may  execute  and  sell,  from  time 
to  time,  such  amounts  of  said  bonds  and  of  such  dates  and  payable 
to  such  persons  as  the  directors  of  said  corporation  may  deem  advi- 
sable, till  the  whole  amount  of  bonds  mentioned  in  such  mortgage 
or  deed  of  trust  is  executed  and  sold  ;  and  the  said  mortgage  or  deed 
of  trust  shall  be  as  valid  and  effectual  to  secure  the  payment  of  the 
bonds  so  executed  and  sold  and  every  part  thereof,  as  if  the  same 
and  every  part  thereof  had  been  executed  of  even  date  with  the 
said  mortgage  or  deed  of  trust. 

§  13,  That  in  all  cases  where  subsciptions  of  stock  and  the 
bonds  for  same  have  been  issued  and  delivered  to  said  corporation 
by  any  county  of  this  state,  in  pursuance  of  a  vote  of  such  county 
thereof — all  of  which  said  subscriptions,  bonds  and  all  other  pro- 
ceedings therein  are  hereby  declared  legal  and  valid  ;  and  in  such 
subscriptions  by  counties,  incorporated  cities  or  towns,  past  or 
prospective,  it  shall  be  the  duty  of  the  county  court  of  each  county 
and  the  corporate  authorities  of  each  city  or  town,  respectively, 
and  they  are  hereby  directed  and  authorized  to  levy  a  sufficient  tax 


14 

to  pay  promptly  the  interest  and  principal,  as  tlie  same  matures 
and  becomes  due,  on  all  the  bonds  which  may  have  been  heretofore 
issued  or  may  be  hereafter  for  said  stock  ;  which  tax  shall  be  collect- 
ed in  the  same  manner  and  at  the  same  time  as  the  taxes  are  col- 
lected for  other  purposes,  arid  shall  remain  in  force  until  said  bonds 
are  all  paid  off  and  discharged ;  and  said  tax  may,  from  time  to 
time,  be  increased  or  diminished  so  as  to  produce  sufficient  funds 
for  payment  of  said  interest  and  principal  of  said  bonds'  And  the 
said  county,  city  or  town  authorities  shall  also  be  empowered  to 
purchase  and  cancel  any  of  said  bonds  at  any  time  when  there  may 
be  funds  in  the  treasury,  not  otherwise  appropriated,  at  such  prices 
as  they  deem  consistent  with  the  best  interests  of  the  counties,  cities 
and  towns,  respectively.  And  all  the  counties  through  which  the 
survey  and  location  of  the  railroad  of  said  corporation  passes  are 
hereby  authorized  and  empowered,  in  th^ir  corporate  capacity,  to 
subscribe  and  take  such  additional  stock,  not  exceeding  one  hundred 
thousand  dollars,  in  the  capital  stock  of  the  Jacksonville,  Alton  and 
St.  Louis  Railroad  Company,  as  a  majority  of  the  legal  voters 
voting  may  determine  at  any  election  or  elections  which  may  be 
held  for  that  purpose,  as  provided  by  law. 

§  14.  In  every  case  where  an  election  shall  be  held  by  or  in 
my  county,  city  or  incorporated  town,  situated  on  or  near  the  route 
>f  said  railroad,  as  the  same  has  been  or  may  hereafter  be  surveyed 
ind  located,  in  whole  or  in  part,  between  Jacksonville  and  Illinois- 
own,  upon  the  question  whether  such  county,  city  or  town  shall 
subscribe  for  any  specified  amount  in  shares  of  the  capital  stock  of 
said  company,  said  election  shall  be  legal  and  binding  upon  such 
county,  city  or  town,  jif  notices  thereof  are  given  and  the  election 
is  conducted  in  the  mode  prescribed  in  an  act  entitled  "An  act  sup- 
plemental to  an  act  entitled  'an  act  to  provide  for  a  general  system 
of  railroad  incorporations,'  "  approved  November  6th,  1849,  or  in 
the  mode  prescribed  in  any  general  law  of  this  state,  relating  to  the 
same  subject,  or  in  the  mode  prescribed  in  any  of  the  aets  amenda- 
tory of  the  charter  of  said  company;  and  if  a  majority  of  the  votes 
cast  at  any  such  election  shall  be  "For  Subscription,"  it  shall  be 
the  duty  of  the  county  court,  or  the  corporate  authorities  of  such 
city  or  town,  to  subscribe,  without  unneccessary  delay,  upon  request 
of  said  company,  for  shares  of  said  capital  stock  to  the  amount  so 
voted,  and  to  issue  and  deliver  to  said  company  the  same  amount 
as  the  stock  so  subscribed  of  the  bonds  of  snch  city,  county  or  town, 
as  the  case  may  be,  payable  at  any  time  specified,  in  not  exceeding 
twenty  years  from  their  date,  with  annual  or  semi-annual  coupons, 
for  not  exceeding  ten  per  cent,  interest  per  annum,  thereto  attach- 
ed, which  bonds  and  coupons  may  be  made  payable  either  within  or 
without  this  state,  as  said  company  may  request;  and  all  the  pro- 
visions of  the  above  mentioned  act,  approved  November  Gth,  1849, 
which  are  not  inconsistent  with  the  provisions  of  this  act  and  of  the 
other  acts  amendatory  of  the  charter  of  said  company,  shall  apply 


15 

to  and  govern  every  election  referred  to  in  this  section,  and  the 
subscribing  for  stock  and  issuing  of  bonds,  by  virtue  of  such  elec- 
tron, and  all  other  matters  relating  to  such  elections  and  the  pro- 
ceedings thereunder  or  by  virtue  thereof. 

§  15.  The  said  company  shall  carry  and  transport  the  mails  of 
the  United  Spates  on  such  terms  as  may  be  agreed  upon,  and  all 
such  freights  and  passengers  as  may  be  offered,  if  required  so  to  do, 
on  the  terms  usual  with  like  railroad  companies. 

§  16.  In  all  cases  where  the  principal  or  interest  of  any  county 
bond  issued  to  said  company,  by  virtue  of  a  vote  of  the  legal  voters 
of  such  county,  is  made  payable  in  the  city  of  New  York,  such  bond 
shall  not.ori  that  account,  be  deemed  invalid,  but  the  principal  and 
interest  shall  be  deemed  payable  in  such  brnd  as  specified. 

§  17.  This  act  shall  be  deemed  a  public  act,  and  shall  be  so 
received  and  taken  notice  of  in  all  courts  and  places,  and  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

APPROVED  February  14,  1859. 


AN  ACT  to  amend  an  act  entitled  "An  act  to  construct  a  railroad  from  Jackson, 
ville,  in  Morgan  county,  to  Alton,  in  Madison  county,"  approved  February  lo 
1851,  and  other  acts  amendatory  thereto. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  Jacksonville,  Alton 
and  St.  Louis  Railroad  Company,  in  addition  to  the  powers  grant- 
ed by  the  act  to  which  this  is  an  amendment,  as  well  as  the  amend- 
ments, approved  February  11,  1853,  February  27,  1854,  February 
7,  1857,  and  February  14,  1859,  is  hereby  authorized  and  empow- 
ered to  take  and  receive  in  payment,  from  the  subscribers  to  the 
capital  stock  of  said  company,  (either  for  subscriptions  heretofore 
made  or  which  may  be  hereafter,)  money,  labor,  materials,  cars, 
locomotives  or  other  property,  either  real  or  personal,  for  the  use 
of  said  railroad,  or  which,  in  the  opinion  of  the  board  of  directors, 
may  be  sold,  exchanged  or  converted  to  such  use ;  and  the  said 
railroad  company  is  hereby  vested  with  full  authority  to  sell,  con- 
vey, exchange  or  dispose  of  any  such  property  so  received ;  and  all 
such  transactions  and  payments  of  stock,  heretofore  made  to  said 
company,  are  hereby  declared  legal  and  valid. 

§  2.  The  said  company  is  hereby  authorized  to  receive  sub- 
scriptions to  its  capital  stock,  payable  in  either  real  or  personal 
property ;  and  all  such  subscriptions,  heretofore  made,  are  hereby 
declared  legal  and  valed ;  and  on  a  failure,  neglect  or  refusal  of  any 
subscriber,  his  heirs,  executors  or  administrators,  to  make  such  pay- 
ment or  comply  with  the  condition  thereof,  the  said  company  may 
proceed  by  suk,  in  any  court  having  competent  jurisdiction  thereof, 
and  recover  the  amount  or  value  thereof  in  money  ;  and  the  said 
company  is  hereby  authorized  and  empowered  to  receive  subscrip- 


If) 

tions  to  its  capital  stock,  payable  at  any  time  hereafter,  either 
when  the  entire  road  is  in  operation  or  any  part  of  it,  or  at  any 
time  thereafter,  and  may  receive  notes  or  bonds  for  the  same,  and 
also  such  security,  either  real  or  personal,  with  or  without  interest, 
as  may  be  agreed  upon.  The  notes,  bonds  or  other  security,  as 
hereby  pravided  for,  may  be  assigned  or  transferred  by  said  com- 
pany;  and  such  assignment  or  transfer  shall  vest  in  the  assignee  or 
assigns  the  legal  title  thereto. 

§  3.  The  said  railroad  company  shall  have  power  to  extend  and 
unite  its  railroad  with  any  other  railroad,  now  constructed  or  which 
may  hereafter  be  constructed  in  this  state ;  and,  for  that  purpose, 
full  power  is  hereby  given  to  said  company  to  make  and  execute 
such  contracts  with  any  other  company  as  will  secure  the  objects 
of  such  connection  ;  and,  for  the  foregoing  purposes  of  extension, 
shall  possess  and  exercise  all  the  privileges,  immunities  and  fran- 
chises, and  enjoy  all  the  rights  granted  by  this  act  and  the- act  to 
which  this  is  an  amendment  and  the  several  amendments  thereto. 

§  4.  All  the  provisions  in  this  act,  also  the  act  to  which  this  is 
an  amendment,  and  the  several  amendments  thereto,  relating  to 
county  courts,  shall  apply  to  and  govern  the  board  of  supervisors 
in  any  county  where  township  organization  may  exist  or  hereafter 
be  adopted  ;  and  in  all  cases,  when  by  the  terms  of  the  act  to  which 
this  is  an  amendment  and  the  several  acts  amendatory  thereto,  it  is 
made  the  duty  ot  the  county  courts  to  do  and  perform  any  act  or 
acts,  the  same  shall  be  bindihg  upon  any  such  board  of  supervisors, 
and  shall  be  done  and  performed  by  them  to  the  same  extent  and 
in  like  manner,  so  far  as  practicable,  as  the  said  county  courts  are 
required  to  do. 

§  5.  This  act  shall  be  deemed  a  public  act,  and  shall  be  so  re- 
ceived and  taken  notice  of  in  all  courts  and  places,  and  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 

APPROVED  February  20,  1861. 


17 


TONIC  A  &  PETERSBURG  R.  R.  COMPANY. 


.A.OT     OF 


AN  ACT  to  incorporate  the  Touica  and  Petersburg  Railroad  Company. 

SECTION  1.  Be  it  enacted  by  the  people  of  tfye  State  of  Illinois, 
represented  in  the  General  Assembly,  That  Albert  Reynolds,  Elijah 
N.  Farnsworth,  Jesse  Hammers.  Henry  B.  Green,  John  Bennett, 
William  G.  Green,  William  Crow,  Josiah  Sawyer,  and  Richard 
Yates,  and  their  associates,  successors  and  assigns,  are  hereby  cre- 
ated a  body  politic  and  corporate,  under  and  by  the  name  and  style 
of  "The  Tonica  and  Petersburg  Railroad  Company,"  with  perpet- 
ual succession,  and  by  that  name  and  style  shall  be,  and  are  hereby 
made  capable,  in  law  and  in  equity,  to  sue  and  be  sued,  plead  and 
be  impleaded,  defend  and  be  defended,  in  all  courts  of  law  and  eqity 
in  this  tState  or  elsewhere,  to  make,  have  and  use  a  common  seal, 
and  alter  the  same  at  pleasure;  and  by  that  name  and  style  shall 
be  capable  in  law  of  taking,  holding,  purchasing,  leasing,  selling 
and  conveying  estate  and  property,  real,  personal  and  mixed,  so 
far  as  the  same  may  be  necessary  for  the  purposes  hereinafter  na- 
med, and  not  further  ;  and  shall  be  and  are  hereby  vested  with  all 
the  powers,  privileges  and  immunities  which  may  be  necessary  to 
carry  into  effect  the  objects  and  purposes  of  this  act. 

§  2.  The  said  Company  shall  have  power  and  authority  to  locate 
and  from  time  to  time  to  alter,  change,  relocate,  construct,  recon- 
struct, finish,  maintain  and  operate  a  Railroad,  with  one  or  more 
tracks,  commencing  at  a  point  at  or  near  Tonica  on  the  Illinois 
Central  Railroad,  running  thence  through  Magnolia  in  Putnam 
county,  Lyons  and  Mantua  in  Marshall  county,  Metamora  in  Wood- 
ford  county,  Tremont  and  Delevan  in  Tazewell  county,  Petersburg 
in  Menard  county,  at  or  near  Crow's  Point  in  Cass  county,  and 
terminating  at  Jacksonville,  in  the  county  of  Morgan,  upon  the 
most  eligible  route  to  be  by  said  company  selected  ;  and  for  the 
purpose  of  constructing  the  said  railroad,  said  company  shall  have 
power  to  lay  out  and  establish  their  said  road  in  width  not  exceed- 
ing one  hundred  feet  through  the  entire  length  thereof;  and  for  the 


18 

purpose  of  constructing  bridges,  dams,  embankments,  excavations, 
spile-banks,  engine-houses,  depots,  stations,  grounds,  machine-shops, 
turn-tables,  turn-outs,  and  all  other  buildings  and  fixtures  neces- 
sary and  suitable  for  the  construction,  altering,  maintaining  and 
operating  said  road,  and  also  for  obtaining  necessary  stone,  gravel 
and  sand,  the  said  company  may  take,  use  and  occupy  all  necessary 
lands  upon  either  side  of  said  road. 

§  3.  The  said  company  shall  have  power  to  take  and  hold  all 
such  voluntary  grants  and  donations  of  lands  and  real  estate  as- 
may  be  made  to  said  company,  to  aid  in  the  construction,  mainten- 
ance and  accommodation  of  said  road,  and  to  take  and  recieve- 
grants  and  conveyances  of  any  and  all  estate  therein  to  said  com- 
pany and  their  successors  in  office,  or  assigns  in  fee  or  otherwise  ; 
and  that  the  right  of  way  and  the  real  estate  purchased  for  the 
right  of  way  for  said  company,  whether  by  mutual  agreement  or 
otherwise,  or  which  shall  become  the  property  of  the  company  by 
operation  of  law  as  in  this  act  provided,  shall,  upon  the  payment 
of  the  amount  of  money  belonging  to  the  owner  or  owners  of  said 
lands  as  a  compensation  for  the  same,  become  the  property  of  said 
corporation  in  fee  simple. 

§  4.  The  said  company  are  hereby  authorized  by  their  engi- 
neers, agents  and  surveyors  to  enter  upon  any  lands  for  the  purpose 
of  making  the  necessary  survey  and  examinations  of  said  road,  and 
to  enter  upon  and  take  and  hold  all  lands  necessary  for  the  con- 
struction of  said  road  ;  and  all  such  lands  as  may  be  required  in  the 
construction  of  bridges,  dams,  embankments,  -excavations,  spile- 
banks,  turn-outs  depots,  engine-houses,  shops,  turn-tables,  and  other 
necessary  improvements  or  buildings,  first  making  just  compensation 
to  the  owners  or  occupiers  of  said  lands  for  damages  that  may 
arise  to  them,  from  the  appropriation  thereof,  to  the  uses  aforesaid  ; 
and  in  case  said  company  shall  not  be  able  to  obtain  the  title  to  the 
lands  required  for  such  uses  by  purchase  or  voluntary  cession,  the 
said  company  are  hereby  authorized  to  proceed  to  ascertain  and 
determine  the  damages  sustained  by  such  owners  or  occupiers,  and 
obtain  right  and  title  to  said  lands  in  the  manner  and  upon  the  prin- 
ciples provided  in  "An  act  to  amend  the  law  condemning  right  of 
way  for  purposes  of  Internal  Improvement,"  approved  June  22d, 
1852  ;  or  in  the  manner  and  upon  the  principles  provided  by  any 
other  act  that  may  have  been  or  may  hereafter  be  passed  by  the 
General  Assembly  of  the  State  of  Illinois,  to  enable  railroad  com- 
panies to  appropriate  lands  for  the  purposes  aforesaid. 

§  5.  The  said  board  of  directors  shall  have  power  and  authority 
to  provide  in  their  by-laws,  if  they  in  their  discretion  shall  think 
proper  to  do  so,  for  the  construction  of  said  road  by  divisions ;  and 
in  such  case  it  may  be  lawful  for  the  subscription  of  the  stock  to  be 
taken  and  subscribed  for  either  of  the  said  divisions,  or  for  the 
whole  of  the  said  road,  as  those  iaking  and  subscribing  for  the 
same  may  dee.ni  proper  ;  and  in  the  event  that  the  whole  or  any 
portion  of  said  stock  be  taken  and  subscribed  for,  by  divisions,  the 


19 

amount  of  stock  so  taken  and  subscribed  shall  be  applied  and  ex- 
pended in  the  construction  of  that  particular  division  for  which  the 
same  was  taken  :  Provided,  That,  should  the  amount  raised  for 
any  division  be  a  surplus  or  more  than  will  be  required  for  the 
construction  of  said  division,  such  surplus  shall  go  to  the  whole 
road  as  an  entire  road,  and  may  be  appropriated  in  such  manner 
and  at  such  places  on  the  road  as  the  company  may  decide. 

§  6.  That  all  the  rights  acquired  by,  and  all  the  obligations 
incurred  by  an  association  heretofore  formed  and  organized 
for  the  purpose  of  constructing  and  operating  a  railroad  from  a 
point  at  or  near  Tonica  on  the  Illinois  Central  Railroad,  to  Peters- 
burg in  Menard  county,  State  of  Illinois,  and  known  by  the  name 
of  the  Tonica  and  Petersburg  Railroad  Company,  are  hereby  made 
and  declared  of  legal  effect,  as  though  the  said  corporation  had 
been  constituted  a  body  politic  and  corporate  by  legal  enactment 
and  organization  thereunder,  and  that  the  said  corporation  shall 
succeed  to  all  the  rights  and  obligations  of  the  said  association  ; 
and  that  the  officers  or  directors  of  said  association,  or  person  or 
persons  claiming  or  having  a  right  to  the  same,  shall  trans- 
fer, convey  and  deliver  to  said  corporation  all  moneys  or 
property  acquired  by,  or  held  to  the  use  of  said  association  ;  also 
all  books,  maps,  profiles,  and  all  papers  of  every  description,  per- 
taining to  the  same  to  be  held  and  used  by  the  said  corporation  in 
carrying  out  the  provisions  of  this  act.  That  all  bonds,  notes,  con- 
tracts and  promises  of  every  kind  made  with  said  association  or  its 
officers  or  agents,  in  respect  to  said  railroad  or  its  construction, 
shall  inure  to  the  benefit  of  the  said  corporation,  and  shall  be  bind- 
ing and  effectual  as  if  made  with  said  corporation  ;  and  all  debts 
•which  may  be  due  from  the  said  association,  and  all  contracts  or 
obligations  to  be  performed  by  it,  shall  be  binding  upon  the  said 
corporation  as  if  such  debts,  contracts  and  obligations  had  been 
made  originally  by  the  same  :  Provided,  that  »11  the  subscribers  who 
have  subscribed  to  the  capital  stock  of  the  said  association,  shall  be 
deemed  to  be  stockholders  in  the  said  corporation,  to  the  extent  and 
in  proportion  to  the  amount  so  subscribed,  and  shall  be  entitled  to 
all  the  rights,  and  subject  to  all  the  liabilities  with  other  stockhol- 
ders who  shall  hereafter  subscribe  to  the  capital  stock  of  said  cor- 
poration under  and  in  pursuance  of  the  provisions  of  this  act. 

§  7.  The  capital  stock  of  said  corporation  shall  consist  of  two 
millions  of  dollars,  and  may  be  increased  by  the  directors  of  said 
company,  to  any  sum  necessary  to  complete  and  equip  said  road  ; 
and  the  same  shall  be  subscribed  for,  and  taken  under  the  direction 
of  the  board  of  directors  at  such  times  and  places  and  in  such  man- 
ner as  the  directors  shall  from  time  to  time  direct.  The  said  capi- 
tal stock  shall  be  divided  into  shares  of  one  hundred  dollars  each, 
shall  be  deemed  personal  property,  shall  be  liable  to  be  sold  under 
execution,  and  shall  be  transferable  in  such  manner  and  at  such 
places,  as  shall  be  ordered  by  the  board  of  directors. 


§  8.  All  the  corporate  powers  of  said  company  shall  be  vested 
in  and  exercised  by  a  board  of  directors  of  not  more  than  nine  or 
less  than  five,  to  be  determined  by  the  stockholders,  and  to  be  cho- 
sen annually  by  the  stockholders  from  among  themselves  ;  who  shall 
hold  their  offices  for  one  year  after  their  election,  or  until  their 
successors  are  elected  and  qualified.  The  time  and  manner  of  hold- 
ing the  annual  election  for  the  election  of  directors  shall  be  fixed  and 
determined  by  the  by-laws  of  the  company,  and  at  all  such  elections  of 
directors  each  stockholder  shall  be  entitled  to  one  vote  for  each  share 
of  stock  bona  fide  held  by  him,  and  may  vote  in  person  or  by  proxy. 
The  said  directors  shall  have  power  to  appoint  all  necessary  clerks, 
secretary,  and  other  officers  or  agents  necessary  in  the  transaction 
of  the  business  of  the  board.  The  said  directors,  a  majority  of 
whom  shall  constitute  a  quorum,  shall  elect  one  of  their  own  num- 
ber to  be  the  president  of  the  company. 

§  9.  In  case  of  the  death,  resignation  or  removal  of  the  presi- 
dent or  any  director  at  any  time  between  the  annual  elections,  such 
vacancies  may  be  filled  for  the  remainder  of  the  year,  whenever  it 
may  happen,  by  the  board  of  directors ;  and  in  case  of  absence  of 
the  president,  the  board  of  directors  shall  have  power  to  appoint  a 
president  pro  tern.,  who  shall  have  and  exercise  all  the  powers  of 
the  legal  president  of  the  company.  And  in  case  it  shall  at  any  time 
happen  that  an  election  of  directors  shall  not  have  been  made  on 
the  day  on  which  it  ought  to  have  been  made,  in  pursuance  of  the 
provisions  of  this  act,  the  said  corporation  shall  not,  for  that  cause 
be  dissolved,  but  such  election  shall  be  holden  at  such  other  time  as 
shall  be  directed  by  the  by-laws  of  said  corporation. 

§  10  The  first  board  of  directors  of  said  company  shall  consist 
of  Albert  Reynolds,  Elijah  IS.  Farnsworth,  Jesse  Hammers,  Josiah 
Sawyer,  Henry  R.  Green,  John  Bennett,  William  G.  Green,  Wm. 
Crow,  and  Richard  Yates,  who  shall  hold  their  offices  until  the  next 
annual  election  of  directors,  or  until  their  successors  are  elected 
and  qualified.  Said  board  of  directors  shall  cause  books  to  be 
opened  for  subscription  to  the  capital  stock  of  said  corporation  at 
such  time  and  in  such  mariner  as  tney  shall  by  their  by-laws  direct. 

§  11.  It  shall  be  lawful  for  the  directors  to  make  calls  upon  the 
Bums  subscribed  to  the  capital  stock  of  said  corporation  at  such  times 
and  in  such  amounts  as  they  shall  deem  fit,  giving  at  least  thirty 
days  notice  of  each  of  said  calls,  in  at  least  two  newspapers  publish- 
ed in  the  vicinity  of  said  road  ;  and  in  case  of  any  failure  on  the  part 
of  any  stockholder  to  make  payment  of  any  call  made  as  aforesaid 
by  the  said  directors,  for  sixty  days  after  the  same  shall  have  been 
made,  the  said  board  of  directors  ^are  hereby  authorized  to  declare 
said  stock,  so  in  arrears  ;  and  all  sums  paid  thereon  shall  be  forfeited 
to  the  company,  and  said  company  shall  have  the  power  and  author- 
ity to  institute  suit  in  any  competent  court,  and  recover  judgment 
against  any  such  defaulting  subscriber  or  subscribers  for  such 
amount  of  said  stock  as  he  or  she  or  they  may  be  so  in  arrears  as 
aforesaid. 


21 

§  12.  The  said  company  may  transport  upon  said  railroad, 
persons,  merchandize  and  property,  by  the  power  of  steam,  or  of 
animals,  or  of  any  other  power  or  combination  of  powers,  and  may 
regulate  the  time  and  manner  in  which  goods,  effects  and  persons 
may  be  transported  on  the  same,  and  may  prescribe  the  manner  in 
which  said  railroad  may  be  used,  and  the  rate  of  toll  for  the  trans- 
portation of  persons  and  property  thereon,  and  for  the  storage  of 
merchandize  and  other  property  under  their  charge,  and  shall  have 
power  to  provide  all  necessary  stock  and  materials  for  the  opera- 
tion of  said  road,  and  to  erect  and  maintain  all  necessary  depots 
and  other  buildings,  and  machinery,  for  the  accommodation,  man- 
agement and  operation  of  said  road.  The  said  directors  shall  have 
power  to  make  all  necessary  rules,  regulations,  ordinances  and  by- 
laws, which  they  may  deem  necessary  and  expedient,  to  accomplish 
the  designs  and  purposes,  and  to  carry  into  effect  the  provisions  of 
this  act. 

§  13.  If  any  person  shall  maliciously,  wilfully,  or  wantonly,  or 
shall  negligently  obstruct  the  passage  of  any  car,  on  said  railroad, 
or  upon  any  part  thereof,  or  anything  belonging  thereto,  or  shall 
damage,  break  or  destroy  any  part  of  the  said  railroad,  or  imple- 
ments, or  buildings  belonging  to  the  same,  he,  she  or  they,  or  any 
person  assisting,  shall  forfeit  and  pay  said  company  for  every  such 
offence,  treble  the  amount  of  damages  that  shall  be  proved  before  a 
competent  court,  has  been  sustained,  and  be  sued  for  in  the  name 
and  behalf  of  said  company  ;  and  such  offender  or  offenders  shall 
be  deemed  guilty  of  a  misdemeanor  and  shall  be  liable  to  indictment 
in  the  same  manner  (as)  other  indictments  are  found  in  any  county 
or  counties  where  such  offence  shall  have  been  committed,  and  upon 
conviction,  every  such  offender  shall  be  liable  to  a  fine  not  exceed- 
ing one  thousand  dollars,  for  the  use  of  the  county  where  such 
indictment  may  be  found,  or  shall  be  imprisoned  in  the  penitentiary 
not  exceeding  five  years,  or  both,  in  the  discretion  of  the  court  be- 
fore whom  the  same  shall  be  tried. 

§  14-  Said  company  is  hereby  authorized  from  time  to  time  to 
borrow  such  sum  or  sums  of  money  as  may  be  necessary  for  com- 
pleting and  operating  their  said  road,  and  to  issue  and  dispose  of 
their  bonds  in  denominations  of  not  less  than  five  hundred  dollars, 
for  any  amount  so  borrowed,  and  to  mortgage  their  corporate  prop- 
erty, arid  franchise  and  convey  the  same  by  deed  of  trust,  to  secure 
the  payment  of  any  debt  contracted  by  the  said  company  for  the 
purpose  aforesaid  ;  and  directors  of  said  company  may  confer  on 
any  bondholders  of  any  bonds  it  sued  for  money  borrowed  as  afore- 
said, the  right  to  convert  the  principle  due  or  owing  thereon  into 
the  stock  of  said  company,  at  any  time  not  exceeding  ten  years 
from  the  date  of  the  bond,  under  such  regulations  as  the  directors 
of  said  company  may  see  fit  to  adopt,  and  all  sales  of  bonds  for 
less  than  their  par  value,  shall  be  good  and  valid  and  as  binding 
upon  said  corporation  as  if  the  same  were  sold  for  the  full  amount 


22 

i 

thereof ;  and  said  corporation  may  loan  any  surplus  funds,  at  such 
rate  of  interest  as  is  now  allowed  upon  any  money  loaned  by  the 
laws  of  this  state  :  Provided,  Nothing  herein  contained  shall  be  so 
construed  as  to  confer  banking  privileges. 

§  15.  The  certificate  of  the  secretary  of  said  company,  under 
the  corporate  seal  thereof,  shall  be  received  in  all  courts  of  justice 
and  elsewhere  as  evidence  of  the  regular  organization  of  said  com- 
pany under  its  charter,  and  of  any  act  or  order  of  the  board  of  direc- 
tors of  said  company. 

§  16.  That  whenever  it  shall  be  necessary  for  the  construction 
of  said  Railroad,  to  intersect  or  cross  any  water  course,  or  any  road 
or  highway  lying  between  the  points  aforesaid,  it  shall  be  lawful  for 
the  corporation  to  construct  their  railroad  across  or  upon  the  same. 
Provided,  That  the  corporation  shall  restore  the  water  course  or 
road  or  highway  thus  intersected,  to  its  former  state,  or  in  a  suffi- 
cient manner  not  to[leave  impaired  its  usefulness.  It  shall  be  lawful 
for  the  said  company  to  unite  with  any  other  railroad  company 
which  may  have  been  or  hereafter  may  be  incorporated  by  this  state, 
and  to  grant  to  any  company  or  companies  the  right  to  construct 
and  use  all  or  any  portion  of  the  road  hereby  authorized  to  be  con- 
structed ;  also  the  right  to  sell,  lease  or  convey  the  same  to  said 
company  or  companies,  or  consolidate  its  stock  therewith  and  place 
the  management  and  control  of  the  same  under  such  board  of  di- 
rectors upon  such  terms  as  may  be  mutually  agreed  upon  by  the 
said  railroad  companies. 

§  17.  The  said  corporation  shall  have  power  to  construct  a  north- 
ern extension  of  said  road  to  Ottawa,  and  in  the  event  of  the  exten- 
sion of  said  road  to  Ottawa  the  said  corporation  shall  not  be  com- 
pelled to  construct  that  part  of  the  road  provided  for,  in  the  second 
section  of  this  act  which  lies  between  Tonica  and  Magnolia,  unless 
said  corporation  shall  in  their  discretion  see  proper  so  to  do,  but 
shall  have  power  to  run  said  road  on  the  most  eligible  route  between 
Magnolia  and  Ottawa,  crossing  the  Illinois  Central  railroad  either 
at  Tonica  or  at  a  point  on  said  Illinois  Central  railroad  south  of 
Tonica,  as  said  company  may  deem  most  for  the  interest  of  said 
road ;  said  corporation  shall  also  have  the  power  to  construct  a 
branch  of  said  road  from  Petersburg  to  New  Berlin,  on  the  Great 
Western  road,  and  also  a  southern  extension  of  said  road  from 
Jacksonville  in  the  direction  of  Waverly  and  Carlinville  to  such 
point  on  the  said  Illinois  Central  Railroad  as  the  said  corporation 
may  hereafter  determine;  said  extension  and  branches  to  be  con- 
structed in  every  respect  according  to  the  provisions,  requirements 
and  limitations  of  this  act. 

§  18.  This  act,  is  hereby  declared  to  be  a  public  act,  and  shall 
be  in  force  from  and  after  its  passage  ;  and  said  company  shall  com- 
mence its  work  in  five  years  and  complete  the  same  in  ten  years 
after  the  passage  of  this  act. 

APPROVED  Jan.  15, 1857. 


23 

(•AMENDMENTS  TO  THE  CHARTER] 

AN  ACT  Supplemental  to  an  net  to  incorporate  the  Tonica  and  Petersburg 

Railroad  Com  nan y. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  in  all  cases  where  sub- 
scriptions have  been  or  shall  be  made  to  said  company  by  any  coun- 
ty of  this  State  in  pursuance  of  a  vote  of  the  county,  all  which  are 
hereby  declared  legal  and  valid,  it  shall  be  the  duty  of  the  county 
court  of  each  county  respectively,  to  levy  a  sufficient  tax  to  pay  the 
interest  on  the  bonds  to  be  issued  for  said  stock,  which  tax  shall 
remain  in  force  until  said  bonds  are  paid  off  and  discharged,  and 
said  tax  may  from  time  to  time  be  increased  or  diminished  so  as  to 
produce  sufficient  funds  for  payment  of  said  interest.  That  the 
votes  given  at  the  last  general  election  holden  on  the  4th  day  of 
November,  A.  D.  1856,  by  the  Counties  of  Morgan  and  Menard, 
in  favor  of  subscriptions  to  the  Capital  Stock  of  said  Company,  be 
and  the  same  are  hereby  declared  of  legal  effect,  and  that  the 
Clerks  of  the  County  Courts  of  such  Counties  be  authorized  and 
required  to  issue  their  bonds  to  said  company,  in  the  manner  and 
upon  the  terms  set  forth  in  the  election  notices  and  other  proceed- 
ings of  said  county  courts  in  relation  thereto. 

§  2.  That  if  the  citizens  of  Washington  in  Tazewell  county, 
shall,  on  or  before  the  first  day  of  March,  A.  D.  1857,  subscribe 
within  said  town  of  Washington  not  less  than  the  sum  of  fifteen 
thousand  dollars  in  good  responsible  subscription  to  the  capital 
stock  of  said  company,  and  secure  free  of  expense  to  said  company 
the  right  of  way  through  said  town  of  Washington,  and  also  ground 
for  a  passenger  house  at  such  point  as  the  said  road  shall  cross  the 
Peoria  and  Oquawka  Eastern  Extension  Railroad,  free  of  expense 
to  said  company,  and  also  depot  grounds,  within  three-eighths  of  a 
mile  of  said  crossing  free  of  expense  to  said  company,  then  the 
said  road  shall  be  located  through  the  said  town  of  Washington. 

§  3.  That  the  county  court  of  each  county  which  may  by  a 
vote  of  said  county  have  subscribed,  or  may  hereafter  subscribe,  to 
the  capital  stock  of  said  company,  is  hereby  authorized  to  make 
the  interest  on  the  bonds  of  subscription  aforesaid  payable  at  such 
place  or  places  as  the  said  county  courts  respectively  may  order 
and  determine. 

§  4.  The  said  corporation  shall  have  the  power  to  construct 
a  branch  of  said  railroad  from  some  point  thereon  between  Magno- 
lia and  Ottawa  to  some  point  in  the  town  of  Morris  in  the  county 
of  Grundy,  said  points  to  be  fixed,  by  said  corporation  with  spurs 
to  said  branch  running  to  the  Coal  Beds  on  the  Vermillion  River, 
which  said  branch  and  spurs  shall  be  constructed  under  the  pro- 
visions of  the  original  act  to  which  this  is  a  supplement ;  and  said 
corporation  shall  have  all  the  powers,  privileges  and  advantages 
(and  be  liable  to  all  the  regulations,  liabilities  and  disabilities,)  in 
constructing  and  managing  said  branch  and  spurs  as  are  imposed 


24 

upon  and  granted  said  company  by  said  charter  in  constructing  the 
main  trunk  of  said  railroad. 
Approved  Feb.  16,  1857. 


AN  ACT  to  amend  "  An  act  to  incorporate  the  Tonicaand  Petersburg  Railroad 
Company,"  approved  January  loth,  1857,  and  also  to  amend  "An  act  supple- 
mental to  an  act  to  incorporate  the  Tonica  and  Petersburg  Railroad  Company,'' 
approved  February  16th,  1857. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  G-eneral  Assembly,  That  said  corporation  is  au- 
thorized to  receive  subscriptions  to  its  capital  stock,  payable  at  any 
time  and  in  any  manner,  and  at  any  rate  of  interest,  not  exceeding  ten 
per  cent,  per  annum,  which  may  be  agreed  upon  by  said  corpora- 
tion and  the  subscribers  to  the  capital  stock  thereof. 

§  2.  The  provisions  of  "  An  act  supplemental  to  an  act  entitled 
*an  act  to  provide  for  a  general  system  of  railroad  incorporations,'  ' 
approved  Nov.  6th,  1849,  and  also  of  "  An  act  to  facilitate  the 
construction  of  railroads,"  approved  March  1st,  1854,  are  hereby 
declared  and  made  applicable  to  each  and  every  town  now  incorpo- 
rated or  that  may  hereafter  be  incorporated,  situated  on  or  near  the 
line  of  "  The  Tonica  and  Petersburg  Railroad,"  and  the  corporate 
authorities  of  any  such  incorporated  town  may  order  an  election  or 
elections  to  be  held  in  such  town,  by  the  legal  voters  thereof,  upon 
the  question  whether  the  town,  in  its  corporate  capacity,  will  .or 
will  not  subscribe  to  the  capital  stock  of  "  The  Tonica  and  Peters- 
burg Railroad"  any  sum  not  exceeding  fifty  thousand  dollars.  And 
in  case  said  election  shall  be  held,  the  same  shall  be  conducted  as 
other  town  elections  ;  and  if  [at]  any  such  elections  a  majority  of 
the  voters  voting  shall  be  in  favor  of  making  such  subscription,  all 
the  provisions  of  the  two  acts  recited  in  this  section,  and  also  of  all 
other  general  laws  relating  to  subscriptions  by  counties  to  the  capi- 
tal stock  of  railroad  companies,  shall  apply  to  and  govern  the  cor- 
porate authorities'  of  such  town  in  making  such  subscription,  and  in 
all  the  subsequent  proceedings  relating  thereto  ;  and  the  rights  of 
such  town  against  said  corporation  shall  be  the  same,  with  the  like 
remedies  to  enforce  such  rights,  as  the  rights  and  remedies  of  coun- 
ties in  cases  of  county  subscription. 

§  3.  That  any  township  now  or  hereafter  organized  under  the 
township  organization  laws  of  this  state,  which  may  be  situated  on 
or  near  the  route  of  the  Tonica  and  Petersburg  railroad,  or  of  any 
branch  of  said  road,  is  hereby  authorized  to  subscribe  to  the  capi- 
tal stock  of  said  company,  in  any  sum  not  exceeding  fifty  thousand 
dollars  for  each  township. 

§  4.  No  such  subscription  shall  be  made  until  the  question  has 
been  submitted  to  the  legal  voters  of  the  township  in  which  the  sub- 
scription is  proposed  to  be  made,  and  the  clerk  of  each  of  said 
towns  (in  which  the  subscription  is  proposed  to  be  made) 


25 

is  hereby  required,  upon  the  presentation  to  him  of  a  petition 
signed  by  at  least  twenty  citizens,  who  are  legal  voters  and  tax 
payers  of  the  town  of  which  he  is  clerk  (in  which  petition  shall  be 
specified  the  amount  proposed  to  be  subscribed,  the  time  which  the 
bonds  proposed  to  be  issued  are  to  run,  and  the  interest  which  said 
bonds  are  to  bear,)  to  post  up  notices  in  at  least  three  of  the 
most  public  places  of  said  town,  which  notices  shall  be  posted  at 
least  thirty  days  before  the  day  of  holding  such  election,  notifying 
the  legal  voters  to  meet  at  the  usual  place  of  voting,  or  some  other 
convenient  place  in  said  town,  for  the  purpose  of  voting  for  or 
against  subscription  ;  but  no  such  vote  shall  be  taken  except  at  a 
regular  election  for  town  or  county  officers. 

§  5.  If  it  shall  appear  that  a  majority  of  all  the  voters  voting  at 
such  election,  have  voted  for  subscription,  it  shall  be  the  duty  of 
the  supervisor  of  each  of  said  towns  that  shall  vote  for  such  sub- 
scription, to  subscribe  to  the  capital  stock  of  said  railroad  corpora- 
tion, in  the  name  of  the  town  for  which  he  is  supervisor,  the  amount 
so  voted  to  be  subscribed,  and  to  receive  from  said  corporation  the 
proper  certificates  therefor.  He  shall  also  execute  to  said  corpor- 
ation, in  the  name  of  said  town,  bonds  in  conformity  with  said  vote, 
which  bonds  shall  specify  the  place  of  papment,  and  shall  inno case 
bear  interest  at  a  higher  rate  than  ten  per  cent,  per  annum,  and 
shall  run  for  a  term  of  not  less  nor  more  than  twenty  years,  and 
the  interest  on  the  same  shall  be  made  payable  annually  or  semi- 
annually,  and  which  said  bonds  shall  be  accepted  by  said  corpora- 
tion at  their  par  value.  Said  bonds  shall  be  signed  by  the  super- 
visor and  attested  by  the  clcvk  of  the  town  in  whose  name  the  bonds 
are  issued,  and  it  shall  be  the  duty  of  said  clerk  to  make  a  record 
of  the  issuing  such  bonds.  Said  bonds  shall  be  delivered  to  the 
president  or  secretary  of  said  corporation,  for  the  use  of  said  cor- 
poration. 

§  6.  It  shall  be  the  duty  of  the  clerk  of  each  of  said  towns  in 
which  a  vote  is  given  for  subscription,  within  ten  days  thereafter,  to 
transmit  to  the  county  clerk  of  the  county  in  which  said  town  is 
situated,  a  transcript  or  statement  of  the  vote  given  and  the  amount 
voted  to  be  subscribed,  and  the  rate  of  interest  named  in  the  bonds, 
and  the  times  of  payment  of  said  interest. 

§  7.  It  shall  be  the  duty  of  said  county  clerk,  annually  there- 
after, to  compute  and  assess  upon  aH  the  taxable  property  returned 
by  the  assessor  of  each  of  said  towns  which  have  voted  to  subscribe 
a  sufficient  sum  to  pay  the  interest  on  all  bonds  issued  by  the  re- 
spective towns,  which  taxes  shall  be  extended  on  the  collectors' 
books  as  other  taxes  are,  and  shall  be  collected  in  the  same  manner 
that  other  taxes  are  collected,  and  when  collected  shall  be  paid  into 
the  treasury  as  county  taxes  are  paid. 

§  8.  It  shall  be  the  duty  of  said  treasurer  of  the  county  in  which 
said  town  is  situated,  to  pay  out,  on  the  presentation  to  him  of  the 
bonds  issued  by  any  town  as  aforesaid,  the  amount  due  on  each  of 


26 

said  bonds  as  interest,  out  of  any  money  in  his  hands  for  that  pur- 
pose, and  receive  the  interest  coupons  then  due  and  paid  by  him, 
or  other  sufficient  vouchers  ;  he  shall  also  keep  an  account  with 
each  town  of  all  money  received  by  him  and  paid  out  on  account 
of  said  town,  which  account  shall  at  all  times  be  open  to  the  in- 
spection of  all  persons  wishing  to  examine  the  same. 

§  9.  At  all  elections  for  officers  or  other  questions  voted  upon 
by  the  stockholders  of  said  corporation,  the  supervisor  of  each 
town  making  such  subscription  shall  represent  and  cast  the  vote 
which  said  stock  is  entitled  to. 

§  10.  The  supervisor  of  each  town  voting  for  subscription  as 
aforesaid,  is  hereby  authorized  to  issue  and  deliver  to  said  corpor- 
ation the  whole  of  the  bonds  payable  on  its  subscription,  whether 
the  assessments  on  the  other  stockholders  of  said  company  have 
been  regularly  assessed  and  made  payable  or  not,  and  said  bonds, 
both  principal  and  interest,  may  be  made  payable  at  any  place 
within  or  without  this  state,  in  conformity  with  the  vote  that  shall 
have  been  taken. 

|  11.  That  in  all  cases  where  subscriptions  of  stock  have  been 
made  to  the  said  corporation  by  any  county  of  this  state,  or  shall 
hereafter  be  made  to  said  corporation  by  any  county,  city  or  incor- 
porated town,  it  shall  be  the  duty  of  the  county  court  of  each 
county  and  of  the  corporate  authorities  of  each  city  and  incorpor- 
ated town,  respectively,  and  they  are  hereby  directed  and  authoriz- 
ed to  levy  a  sufficient  tax  to  pay  the  interest  and  principal  as  the 
same  matures  and  becomes  due  on  all  the  bonds  which  mny  have 
been  heretofore  issued  or  may  ba  hereafter  issued  for  said  stock, 
which  tax  shall  be  collected  at  the  same  time  and  in  the  same  man- 
ner as  the  taxes  are  collected  for  other  purposes,  and  shall  remain 
in  force  until  said  bonds  are  paid  ofi  and  discharged.  And  said 
tax  may,  from  time  to  time,  be  increased  or  diminished  so  as  to 
produce  sufficient  funds  for  payment  of  said  interest  and  princi- 
pal of  said  bonds.  And  the  said  couuty,  city  or  town  authorities 
shall  also  be  empowered  to  purchase  and  cancel  any  of  said  bonds 
at  any  time  when  there  may  be  funds  in  the  treasury  not  otherwise 
appropriated,  at  such  prices  as  they  deem  consistent  with  the  best 
interests  of  the  county,  city  or  town,  respectively. 

§  12.  In  every  case  Avhere  an  election  shall  be  held  by  or  in 
any  county,  city  or  incorporated  town,  situated  on  or  near  the  route 
of  said  railroad,  as  the  same  has  been  or  may  hereafter  be  survey- 
ed and  located,  in  whole  or  in  part,  upon  the  question  whether  such 
county,  city  or  town  shall  subscribe  for  any  specified  amount  in 
shares  of  the  capital  stock  of  said  corporation,  said  election  shall 
be  legal  and  binding  upon  such  county,  city  or  town,  if  notices  there- 
of are  given  and  the  election  is  conducted  in  the  mode  prescribed  in 
mi  act  entitled  "An  act  supplemental  to  an  act  entitled  'an  act  to 
provide  for  a  general  system  of  railroad  incorporations,'  "  approv- 
ed November  6th,  1849,  or  in  the  mode  prescribed  in,  any  general 


27 

law  of  this  state  relating  to  the  same  subject.  And  if  a  majority 
of  the  votes  cast  at  any  such  election  shall  be  for  subscription,  it 
shall  be  the  duty  of  the  county  court  or  the  corporate  authorities 
of  such  city  or  town  to  subscribe,  without  unnecessary  delay,  upon 
the  request  of  the  president  of  said  corporation,  for  shares  of  said 
capital  stock  to  the  amount  so  voted,  and  to  issue  and  deliver  to 
said  company  the  same  amount  as  the  stock  so  subscribed  of  the 
bonds  ot  said  county,  city  or  town,  (as  the  case  may  be,)  payable 
at  any  time  specified,  not  exceeding  twenty  years  from  their  date, 
with  annual  or  semi-annual  coupons  for  not  exceeding  ten  per  cent, 
interest  per  annum  thereto  attached,  which  bonds  and  coupons  may 
be  made  payable  either  within  or  without  this  state,  as  said  corpor* 
ation  may  request;  and  all  the  provisions  of  the  above  mentioned 
act,  approved  November  6th,  1849,  which  are  not  inconsistent  with 
the  provisions  of  this  act,  shall  apply  to  and  govern  every  election 
referred  to  in  this  section,  and  the  subscribing  for  stock  and  issu- 
ing of  bonds  by  virtue  of  such  election,  and  all  other  matters  re- 
lating to  such  election  and  the  proceedings  thereunder  or  by  virtues 
thereof. 

§  13.  The  said  company  shall  carry  and  transport  the  mails  of 
the  United  States  on  such  terms  as  may  be  agreed  upon,  and  all 
such  freights  and  passengers  as  may  be  offered,  if  required  BO  to 
do,  on  the  terms  usual  [with]  like  railroad  corporations. 

§  14.  The  said  corporation  is  hereby  authorized  to  sell  and 
convey,  by  deed,  in  fee  simple,  all  lands,  town  lots  or  other  real 
estate  belonging  to  01  acquired  by  said  corporation  or  which  may 
hereafter  be  acquired  by  purchase,  donation  or  otherwise,  which, 
in  the  judgment  of  its  board  of  directors,  is  not  needed  for  the  pur- 
poses of  said  corporation.  And  in  all  sales,  conveyances,  deeds 
of  trust  or  mortgages  of  real  estate  by  said  corporation,  the  con- 
veyances shall  be  made  in  the  corporate  name  thereof,  and  acknow- 
ledged by  the  president,  under  the  seal  of  tho  corporation,  and  at- 
tested by  the  secretary  thereof. 

§  15.  The  said  corporation  are  hereby  authorized  to  make  and 
issue  a  preferred  stock,  guaranteeing  such  a  rate  of  interest,  not. 
exceeding  ten  per  cent,  per  annum,  and  with  such  priority  over  the 
remaining  stock  of  such  corporation  as  may  be  directed  by  the 
board  of  directors  of  said  corporation.  And  the  said  directors 
may  cause  subscription  books  for  same  to  be  opened  at  such  times 
and  places  as  they  may  direct,  which  shall  be  governed  by  the  satno 
rules,  regulations  and  liabilities  as  provided  heretofore  in  the  origi- 
nal charter  of  said  corporation  and  the  several  amendments  there- 
to, or  by  any  by-laws  or  regulations  which  may  be  adopted  or  di- 
rected by  the  said  directors.  And  the  said  board  of  directors  mav 
make  such  by-laws  and  regulations  necessary  to  give  and  secure  to 
each  original  stockholder  in  said  corporation  a  free  pass  over  the 
said  railroad,  when  completed,  so  long  as  such  person  may  continue 
the  lonafidc  owner  of  such  original  stock  :  Provided,  that  ao  free 


28 

pass  shall  be  issued  to  any  such  stockholder,  unless  he  is  the  owner 
of  at  least  five  shares  of  said  capital  stock. 

§  16.  The  said  corporation  is  hereby  authorized  to  borrow  such 
sums  of  money  on  the  credit  of  the  corporation  which  may  be  nec- 
essary for  constructing,  finishing  or  operating  their  said  railroad, 
or  for  any  other  purpose  connected  therewith,  at  a  rate  of  interest 
not  exceeding  ten  per  cent,  per  annum,  payable  semi-annually  or 
annually,  and  may  execute  bonds  therefor  with  interest  coupons 
annexed,  and  secure  the  payment  of  the  same  by  mortgage  or  deed 
of  trust  on  the  whole  or  any  part  or  any  division  of  said  railroad 
and  corporate  property,  franchises  and  income  of  said  corporation, 
then  existing  or  thereafter  to  be  acquired  ;  the  said  bonds  and  inter- 
est may  be  made  payable  either  within  or  without  this  state ;  and 
if  the  payment  of  the  moneys  thereby  secured  shall  be  afterwards 
enforced  by  a  sale  of  the  property  thus  conveyed  by  mortgage  or 
deed  of  trust,  such  sale  shall  convey  to  the  purchaser  the  right  to- 
hold  and  exercise  the  said  franchises  as  fully  as  the  same  right  was 
possessed  by  said  corporation. 

§  17.  That  said  corporation  shall  have  the  power  to  execute  a 
deed  of  trust  or  mortgage  on  the  property,  road  and  income  of  the 
company  or  upon  any  division  or  part  thereof,  to  secure  the  pay- 
ment of  such  amount  of  bonds  as  may  be  deemed  necessary  to  be 
issued  by  the  board  of  directors  of  said  corporation,  for  the  pur- 
poses of  the  road,  and  said  corporation  shall  have  power  to  execute 
and  sell  and  dispose  of  said  bonds  at  the  time  said  deed  of  trust  or 
mortgage  bears  date,  or  shall  have  power  to  execute  said  bonds  and 
sell  the  same,  in  whole  or  in  parts,  from  time  time,  and  of  such 
dates  subsequent  to  said  deed  of  trust  or  mortgage,  and  payable  to 
such  person  or  persons  as  to  said  corporation  shall  seem  advisable, 
till  the  whole  amount  of  bonds  mentioned  in  such  deed  of  trust  is 
executed  and  sold  ;  and  the  said  mortgage  and  deed  of  trust  shall 
be  as  valid  and  efficient  to  secure  the  payment  of  the  bonds  so  exe- 
cuted and  sold,  and  of  every  thereof,  as  if  the  same  and  every  part 
thereof  had  been  executed  and  sold  with  even  date  with  the  said 
deed  of  trust  or  mortgage. 

§  18.  That  whenever  the  said  railroad  shall  intersect  any  road, 
railroad,  highway,  street  or  alley,  the  said  corporation  shall  have 
power  to  change  the  line  or  grade  of  the  said  road,  railroad,  high- 
way, street  or  alley  so  intersected,  if  such  change  be  desirable, 
and  shall  not  impair  the  usefulness  of  such  road,  railroad,  highway, 
street  or  alley  thus  intersected,  and  said  corporation  may  take  such 
additional  lands  as  may  bo  necessary  for  the  change  of  said  road, 
highway,  street  or  railroad,  making  compensation  therefor  as  in  other 
cases  :  Provided,  that  in  case  of  intersection  with  any  railroad  now 
incorporated,  no  change  of  line  of  such  railroad,  so  intersected, 
shall  be  had,  except  with  the  consent  of  the  company  so  intersect- 
ed, or  in  case  of  disagreement,  by  the  direction  and  award  of  arbi- 


29 

trators  mutually  chosen,  one  of  whom  shall  be  selected  by  each 
company,  and  the  third  chosen  by  the  two  thus  chosen. 

§  19.  That  in  all  proceedings  had  or  hereafter  to  be  had  for 
right  of  way  or  condemnation  of  real  estate,  for  any  purpose  of 
said  railroad,  after  any  assessment  or  non-assessment  of  damages 
in  the  premises,  by  commissioners,  and  any  appeal  or  other  proceed- 
ings in  the  premises  by  either  party,  the  said  corporation  may  pro- 
ceed in  the  construction  of  the  said  railroad  over  and  upon  said 
real  estate,  upon  giving  bond  and  security  in  a  sufficient  amount  to 
be  approved  by  the  clerk  of  the  circuit  court  of  the  proper  county 
conditioned  to  pay  to  the  owner  or  owners  of  such  real  estate  all 
costs  and  damages  that  may  hereafter  be  legally  taxable  and  asses- 
sed in  the  premises  against  said  corporation. 

§  20.  Said  corporation  may  maintain  suits  against  stockholders 
for  non-payment  of  capital  stock  in  any  county  through  which  said 
road  passes,  and  no  stockholder  or  other  person  interested  in  the 
affairs  of  said  corporation  shall  be  imcompetent  to  testify  as  a  wit- 
ness or  serve  in  any  material  capacity  in  any  proceedings,  legal  or 
otherwise,  where  said  corporation  may  be  a  party. 

§  21.  This  act  shall  be  deemed  a  public  act,  and  in  force  from 
and  after  its  passage. 

Approved  February  14,  1859. 


ACT  FOR  CONSOLIDATION. 

AN  ACT  to  enable  railroad  companies  and  plank  roadcompaniesto  consolidate 

their  stock. 

SECTION  1.  Be  it  enacted  by  the  people  of  the  state  of  Illinois, 
represented  in  the  G-eneral  Assembly,  That  all  railroad  companies 
and  plank  road  companies  now  organized,  or  hereafter  to  be  orga- 
nized, which  now  have  or  hereafter  may  have  their  termini  fixed  by 
law,  whenever  their  said  road  or  roads  intersect  by  continuous  lines, 
be  and  the  same  are  hereby  authorized  and  empowered  to  consoli- 
date their  property  and  stock  with  each  other,  and  to  consolidate 
with  companies  out  of  this  state,  whenever  their  lines  connect  with 
the  lines  of  such  companies  out  of  this  state. 

§  2.  Such  consolidation  may  take  place  whenever  the  said  com- 
panies shall  respectively  agree  upon  the  terms  and  conditions  of 
the  same  ;  and  the  said  companies  when  so  consolidated  shall  be 
authorized  to  agree  upon  the  name  or  name^  of  such  consolidated 
company,  and  by  such  name  or  fflmes  the  said  con- 
solidated company  shall  be  a  body  corporateand  politic,  shall  have 
a  common  seal  or  seals,  and  by  such  name  or  names  shall  be  re- 
spectively contracted  with  and  make  contracts,  shall  sue  and  be 
sued,  implead  and  be  impleaded  with,  and  shall  have  all  the  powers, 
franchises  and  immunities  which  the  said  respective  companies  shall 
have,  by  virtue  of  their  respective  charters,  before  such  consolida- 


30 

tion  passed  within  the  state  of  Illinois  :  Provided,  that  each  con- 
solidated company  shall  file  for  record,  in  the  office  of  the  secretary 
of  state,  a  copy  of  their  said  articles  of  consolidation,  evidence'd 
by  the  signature  of  the  presiding  officer  of  each  of  the  said  com- 
panies, and  the  corporate  seal  thereof. 

§  8.  The  corporation  or  corporations  formed  by  virtue  of  the 
provisions  of  this  act  shall  have  the  power  to  increase  their  capital 
stock  to  any  amount  required  by  resolution  of  their  respective 
boards  of  directors,  not  exceeding  the  amount  of  the  cost  of 
the  roads  and  works  constructed  and  equipped  by  them,  to  borrow 
money  and  fix  the  rate  of  interest  therefor,  to  issue  bonds  and  the 
same  to  sell  at  such  price  as  they  may  deem  expedient,  such  sales 
being  hereby  authorized  and  confirmed,  and  to  make  any  other  con- 
tracts authorized  by  the  by-laws  of  the  said  corporation  or  corpo- 
rations, within  the  purview  of  their  said  charters. 

§  4.  Such  corporation  or  corporations,  when  so  formed,  shall 
have  the  same  power  to  consolidate  with  other  companies  when 
their  lines  connect,  upon  such  terms  as  may  be  agreed  upon  by 
them  respectively. 

§  5.  No  company  in  this  state  shall  be  authorized  under  the 
provisions  of  this  act  to  consolidate  with  any  company  beyond  the 
limits  of  the  state,  until  the  termini  of  such  company  in  this  state 
shall  first  have  been  fixed  by  the  laws  of  this  state  at  the  bounda- 
ry line  thereof. 

§  6.  This  act  shall  not  be  so  constructed  as  to  authorize  any 
plank  road  not  having  power  to  build  a  railroad  to  consolidate  with 
any  railroad  so  as  to  lay  a  railroad  upon  any  plank  road  track, 
until  the  termini  of  such  railroad  shall  have  been  expressly  fixed 
by  law,  nor  shall  any  plank  road  so  consolidate  with  any  railroad 
unless  authorized  by  law  to  lay  a  railroad  track. 

§  7.  All  proceedings  for  the  purpose  of  consolidation  as  above 
provided  shall  be  fixed  and  regulated  by  the  by-laws  of  the  respec- 
tive companies  desiring  such  consolidation  :  Provided,  that  such 
consolidation  shall  not  take  place  until  the  terms  of  such  consoli- 
dation shall  have  been  approved  by  a  majority  of  the  stockholders 
in  interest,  in  person  or  by  proxy,  at  an  annual  or  called  meeting, 
of  which  due  notice  shall  be  given,  by  publication  or  in  writing,  to 
all  stockholders  interested,  or  the  same  be  approved  by  the  written 
consent  of  a  majority  of  stockholders  in  interest,  filed  in  the  office 
of  their  company. 

§  8.  When  it  shall  be  necessary  for  the  construction  of  any 
railroad  to  cross  the  trai^c  of  any  other  railroad,  stream  of  water, 
water  course,  road  or  highway,  which  it  may  intersect  or  cross  by 
reason  of  such  extension,  into  or  through  any  adjoining  state,  or 
by  reason  of  its  consolidation  with  »ny  other  road  or  roads,  com- 
pany or  companies,  as  provided  in  this  act,  it  shall  be  lawful  for 
said  company  to  construct  their  road  across  or  over  the  same  by 
such  track  or  tracks,  bridge  or  bridges,  viaduct  or  viaducts,  as 


31 

may  be  necessary  to  the  convenience  oi  the  extension  or  consolida- 
tion of  said  road :  Provided,  said  company  shall  restore  the  rail- 
road, stream  of  water,  water  course,  road  or  highway  thus  inter- 
sected or  crossed  to  its  former  state,  or  in  a  sufficient  manner  not 
materially  to  interfere  with  its  usefulness. 

§  9.     This  act  shall  take  effect  from  and  after  its  passage. 

APPROVED  February  28,  1854. 


32 


ARTICLES  OF   CONSOLIDATION. 


ARTICLES  OF  CONSOLIDATION,  made  and  entered  into,  this"  twenty 
seventh  day  of  October,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  sixty-two,  between  the  Tonica  and  Petersbury  Rail- 
road Company,  and  the  Jacksonville,  Alton  and  St.  Louis  Railroad 
Company* 

it^a  -\  WHEREAS,  The  said  Railroad  Companies,  Corporations 
^mp?  j  existing  and  duly  organized  under  and  by  virtue  of  cer- 
i—  tain  acts  of  the  General  Assembly  of  the  State  of  Illinois, 
have  the  termini  of  their  respective  railroads  fixed  by  law,  and  their 
said  roads  intersect  by  a  continuous  line  from  Alton,  through  Jack- 
sonville, the  place  of  intersection,  to  Tonica ;  and  the  directors  of 
said  respective  companies,  upon  mature  considerations  have  deter- 
mined that  the  interests  of  the  respective  stockholders  of  said  com- 
panies, and  the  public  interests  arid  convenience  will  be  greatly  pro- 
moted by  the  union  of  their  said  roads  into  one  road,  and  by  the 
consolidation  of  the  respective  stocks  of  said  companies  into  one 
common  consolidated  stock : 

And  whereas  the  said  companies,  being  authorized  and  empow- 
ered by  law  to  consolidate  their  property  and  stock  with  each  other, 
have  agreed  so  to  do  upon  the  terms  and  conditions  hereinafter  men- 
tioned and  contained : 

Now,  therefore,  this  Agreement,  made  by  and  between  the  cor- 
porations above  named,  parties  hereto,  witnesseth,  that  the  said 
Tonica  and  Petersburg  Railroad  Company,  and  the  said  Jackson- 
ville, Alton  and  St.  Louis  Railroad  company,  do  agree,  and  each 
for  itself  doth  severally  agree,  that  the  said  companies  shall  be  con- 
solidated into  and  form  one  corporation  under  the  name  and  style 
of  the  "St.  Louis,  Jacksonville  and  Chicago  Railroad  Company." 

And  pursuant  to  the  act  of  the  General  Assembly  of  the  State 
of  Illinois,  in  such  case  made  and  provided,  the  said  parties  hereto 
do  hereby  prescribe  the  following  terms  and  conditions  of  the  said 
consolidation,  and  do  respectively  agree  thereto,  and  to  the  mode  of 
carrying  the  same  into  effect  as  herein  provided  for : 

ARTICLE  1.  The  directors  of  the  said  St.  Louis,  Jacksonville 
and  Chicago  Railroad  Company  shall  be  not  less  than  five,  nor 
more  than  eleven  in  number,  to  be  chosen  as  hereinafter  provided. 


33 

ART.  2.  The  first  election  for  the  directors  of  said  company, 
shall  be  held  at  Jacksonville  on  the  tenth  day  of  December  next, 
between  the  hours  of  noon  and  five  o'clock  P.  M.  The  following 
stockholders  in  one  or  other  of  said  companies,  are  hereby  appoin- 
ted inspectors  or  judges  of  said  election  to  perform  the  usual  duties 
required  by  law  in  such  cases,  to-wit :  Matthew  Stacy,  John  Math- 
ers, Cornelius  Rouke,  and  William  P.  Barr.  The  inspector  or  in- 
spectors attending  at  the  time  and  place  fixed  for  the  election,  shall 
have  power  to  fill  any  vacancy  occasioned  by  the  non-attendance  of 
any  one  or  more  of  their  number.  Any  person  so  appointed  to  fill 
a  vacancy  raust  be  a  stockholder  in  one  or  other  of  the  companies 
parties  hereto.  Should  neither  of  the  inspectors  attend  at  the  time 
and  place  appointed  for  the  election,  the  stockholders  present  at  tho 
time  fixed  for  the  opening  of  the  polls,  shall  have  power  by  the 
vote  of  a  majority  in  number  of  those  present,  to  choose  three  per- 
sons, being  stockholders  in  one  or  other  of  said  companies,  who,  or 
any  two  of  whom,  shall  have  power  to  act  as  the  judges  of  the  said 
election.  All  stockholders  in  the  respective  companies,  entitled  to 
vote  at  any  election  of  directors  in  the  respective  companies  parties 
to  this  agreement,  shall  have  the  right  to  vote  at  the  said  election, 
in  person,  or  by  proxy,  and  shall  be  severally  entitled  to  one  vote 
for  each  share  of  stock,  (being  one  hundred  dollars  at  par,)  held  by 
such  stockholder  in  either  of  said  companies.  Eleven  directors 
shall  be  voted  for  at  said  election,  of  whom  at  least  four  shall  reside 
north  of  Morgan  county  and  be  stockholders  of  the  Tonica  and 
Petersburg  Railroad  Company,  and  at  least  four  shall  reside  south 
of  Morgan  county  and  be  stockholders  of  the  Jacksonville,  Alton 
and  St.  Louis  Railroad  Company,  and  at  least  two  of  them  shall  re- 
side within  the  county  of  Morgan  and  be  stockholders  in  one  or  other 
of  the  original  companies.  The  eleven  persons,  so  qualified,  receiv- 
ing the  highest  number  of  votes  at  the  said  election,  shall  be  the 
first  directors  of  the  St.  Louis,  Jacksonville  and  Chicago  Railroad 
Company,  and  shall  hold  their  office  for  one  year,  and  until  their 
successors  are  chosen  according  to  law. 

ART.  3.  The  said  directors  shall,  at  the  first  meeting  after  their 
election,  elect  a  president  from  their  own  number,  and  shall  also 
then,  or  as  soon  as  conveniently  may  be  thereafter,  elect  or  appoint 
B  secretary  and  treasurer  of  said  company,  and  such  other  officers, 
engineers,  superintendents,  clerks,  agents,  assistants,  and  other 
employees,  as  they  shall  from  time  to  time  find  to  be  necessary  for 
the  proper  transaction  of  the  business  of  said  company.  $ 

AKT.  4.  After  the  consolidation  herein  provided  for  is  perfect- 
ed, and  after  said  first  election,  stockholders  in  said  consolidated 
company,  by  surrender  or  exchange  of  their  certificates  in  their 
respective  companies,  or  otherwise,  shall  be  entitled  to  vote,  in  per- 
son, or  by  proxy,  at  any  meeting  of  the  stockholders  of  said  con- 
solidated company. 

AIIT.  5.     The  capital  stock  of  the  said  St.  Louis,  Jacksonville 


34 

and  Chicago  Railroad  Company  shall  bo  two  million  of  dollars,  to 
be  divided  into  twenty  thousand  shares  of  one  hundred  dollars  each, 
and  the  directors  may  increase  the  capital  stock  of  said  company 
when  necessary  to  an  amount  not  exceeding  the  cost  of  the  roads 
and  works  constructed  and  equipped.  All  the  stock  which  shall 
have  been  issued  at  the  time  this  consolidation  takes  effect  by  either 
of  the  said  companies,  parties  hereto,  which  shall  then  be  outstand- 
ing and  held  by  bonafide  holders,  shall  be  surrendered,  and  in  place 
thereof,  there  shall  be  issued  to  the  holder  or  holders  of  such  stock, 
or  his  or  her  or  their  assigns,  an  equal  number  of  the  shares  of 
the  stock  in  said  consolidated  company.  And  every  subscriber  to 
the  capital  stock  of  either  of  the  said  original  companies,  who,  be- 
fore this  consolidation  takes  effect,  shall  have  fully  paid  and  per- 
formed his  subscription  or  contract  for  such  stock,  without  having 
received  a  certificate  therefor,  shall  be  entitled  to  receive  a  certifi- 
cate of  stock  in  the  consolidated  company  for  the  number  of  shares 
to  which  he  would  be  entitled  in  the  original  company. 

ART,  6.  In  all  cases  in  which  subscriptions  or  agreements  with 
either  of  said  companies,  parties  hereto,  for  the  stock  of  either  of 
said  companies,  have  been  heretofore  made  by  any  person  or  per- 
sons, and  said  subscriptions  or  contracts  for  stock  yet  remain  unpaid 
or  unperformed,  either  in  whole  or  in  part,  the  stock  of  said  consol- 
idated company  may,  upon  payment  of  said  subscriptions,  or  per- 
formance of  said  contracts,  be  issued  to  the  subscriber  or  subscri- 
bers in  the  same  manner  as  the  respective  companies,  parties  hereto, 
would  have  been  bound  to  issue  their  stock  respectively,  had  not 
this  consolidation  taken  effect.  And  the  directors  of  the  consoli- 
dated company  shall  have  full  power  against  any  defaulting  sub- 
scriber or  subscribers  to  the  stock  of  either  of  said  original  compa- 
nies, to  declare  such  stock  forfeited  for  non-payment,  after  due  no- 
tice of  arrears  of  subscription. 

ART.  7.  No  certificate  of  stock  in  the  consolidated  company 
shall  be  delivered  to  any  stockholder  except  on  terms  of  payment 
by  such  stockholder  of  the  taxes  lawfully  imposed  thereon  by  na- 
tional or  state  authority. 

ART.  8  All  and  singular  the  rights,  franchises,  privileges-, 
real  estate,  depot  grounds,  rights  of  way,  road-beds,  railroads,  iron 
rails,  superstructures,  engines,  cars,  machinery,  rolling  stock,  debts, 
dues,  demands,  choses  in  action,  and  property  of  every  description, 
name  and  nature,  in  which  the  said  Tonica  and  Petersburg  Railroad 
Company  and  Jacksonville,  Alton  and  St.  Louis  Railroad  Company 
have  respectively  any  rignt,  title  or  interest,  whether  in  possession, 
reversion  or  remainder,  with  the  appurtenances,  upon  the  ratifica- 
tion of  these  articles,  and  the  election  of  the  first  board  of  direc- 
tors of  the  St.. Louis,  Jacksonville  and  Chicago  Railroad  Company, 
shall  be  held,  owned  and  controlled  by  the  stiid  St.  Louis,  Jackson- 
ville and  Chicago  Railroad  company,  their  successors  and  assigns, 
as  fully  and  completely  to  all  intents  and  purposes,  as  said  separate 


35 

companies  do  or  can  now  hold,  own,  use  or  control  the  same ;  and 
no  further  conveyance  or  assurance  shall  be  required  lor  the  full 
and  complete  vesting  thereof  in  the  said  St.  Louis,  Jacksonville 
and  Chicago  Railroad  Company. 

ART.  9.  All  just  debts,  guarantees  and  liabilities  existing 
•against  the  said  original  companies,  parties  hereto,  at  the  time  of 
the  taking  effect  of  this  consolidation,  shall  be,  and  are  hereby,  as- 
sumed, and  the  same  shall  be  provided  for,  paid  and  discharged  by 
the  said  St.  Louis,  Jacksonville  and  Chicago  Railroad  company. 

ART.  10.  All  the  books,  vouchers,  records,  muniments  of  title, 
and  other  documents,  pertaining  to  the  business  or  property  of  the 
said  original  companies,  parties  hereto,  shall  be  placed  in  the  office 
of  the  secretary  of  said  consolidated  company,  and  said  books,  rec- 
ords, vouchers  and  papers,  shall  be  deemed  and  taken,  so  far  as 
necessary,  as  the  records,  vouchers,  papers,  and  books  of  said  con- 
solidated company  ;  and  said  books,  records,  vouchers  and  papers, 
shall  be  subject  to  the  proper  examination  and  inspection  of  all 
persons  interested  therein,  who  shall  have  the  same  access  thereto 
as  if  the  same  had  remained  in  the  offices  of  the  original  companies. 

ART.  11.  It  is  agreed  that  these  articles  of  consolidation  shall 
be  submitted  to  the  stockholders  of  each  of  the  said  companies,  par- 
ties hereto,  at  a  meeting  thereof  called  seperaiely  for  the  purpose 
of  taking  the  same  into  consideration.  Due  notice  of  the  time  and 
place  of  such  meeting,  and  of  the  object  thereof,  shall  be  given. 
The  time  of  such  meeting  shall  be  the  ninth  day  of  December  next, 
and  all  the  proceedings  for  the  consideration  and  ratification  of 
these  articles,  shall  be  as  prescribed  by  law. 

ART.  12.  All  elections  for  directors  of  said  consolidated  com- 
pany, after  the  first  election  of  directors  hereinbefore  provided  for, 
shall  take  place  at  such  time  and  place,  and  in  such  manner  as  may 
be  prescribed  "by  the  by-laws  of  the  board  of  directors  of  the  con- 
solidated company.  The  number  of  directors  to  be  elected  after  the 
first  election  hereinbefore  provided  for,  shall  consist  of  not  more 
than  eleven,  nor  less  than  five,  to  be  determined  by  the  stockhold- 
ers, and  to  be  chosen  with  such  qualifications  respecting  residence, 
as  may  be  determined  by  the  stockholders. 

ART.  13.  It  is  agreed,  as  an  express  .condition  of  the  consolida- 
tion, that  the  iron  rails  and  spikes,  estimated  to  be  sufficient  for 
eight  miles  of  road,  now  lying  and  being  on  the  wharf  at  Peoria  and 
in  the  town  of  Washington,  shall  so  soon  as  the  said  consolidation 
takes  effect,  be  transferred  and  placed  upon  the  line  of  the  consoli- 
dated road  between  Manchester  and  Whitehall,  without  prejudice, 
however,  to  the  just  lien  thereon  of  C.  D.  Hubbard  &  Co.,  under 
and  by  virtue  of  the  arrangement  by  them  made  with  Geo.  Straut, 
acting  for  the  fFonica  and  Petersburg  Railroad  Company,  on  the 
26th  day  of  September,  1862,  as  recorded  in  the  journal  of  the 
board  of  directors  of  the  said  Tonica  and  Petersburg  Railroad  Com- 
pany. 


36 

IN  WITNESS  WHEREOF,  the  corporate  seals  of  the  respective 
companies,  parties  to  this  agreement,  have  been  affixed 
hereto,  on  the  day  and  year  first  above  written,  by  the 
order  and  in  the  presence  of  the  directors  of  said  respect- 
ive companies,  respectively  duly  convened,  a  quorum  of 
each  of  said  boards  of  directors  being  so  present  and  as- 
enting  thereto,  and  is  attested  by  their  respective  signa- 
tures hereto,  on  behalf  and  by  order  of  the  said  boards  of 
directors,  and  the  presidents  of  each  of  the  said  compa- 
nies have  also,  at  the  same  time,  and  in  behalf  of  the  said 
respective  companies,  hereto  affixed  their  names  in  virtue 
of  resolutions  of  the  said  boards  of  directors,  passed  at 
respective  meetings  thereof. 

WILLIAM  SHEPHARD, 

Preset.  Jacltsonvile,  Alton  and  St.  Louis  R.  R.  Company. 

[L.  s.]  A.  MCDONALD,  JOSEPH  G.  SCOTT, 

ROB'T.  McCRACKEN,  Sen.,  GEORGE  WRIGHT, 
L.  E.  WORCESTER,  M.  P.  AYERS, 

Directors  of  the  Jacksonville,  Alton  and  St.  Louis  R.  R.  Co. 

Attest :  CHARLES  D.  HODGES,  Sec.  J.  A.  $•  St.  L.  R.  R.Co. 

W.  G.  GREEN, 

President  of  T.  $  P.  R.  R.  Company. 
[L.  s.]  S.  DUXLAP,  JOSIAH  SAWYER, 

WILLIAM  T.  BEEKMAN,     GEORGE  STRAUT, 
JOHN  J.  PERRY,  NATHANIEL  W.  GREEN,   j 

Directors  of  Tonica  and  Petersburg  Railroad  Company. 
Attest :  JAMES  BERDAN,  Sec.  of  T.  £  P.  R.  R.  Co. 


STATE  OP  ILLINOIS,  \  ^o 
MORGAN  COUNTY,  J 

I,  CHARLES  D.  HODGES,  Secretary  of 
the  Jacksonville,  Alton  and  St.  Louis  Railroad  Company, 
do  hereby  certify  that  in  pursuance  of  notices  published 
for  four  successive  weeks  in  the  Jacksonville  Sentinel,  a  public 
newspaper  published  in  Jacksonville  in  Morgan  county,  and  in  the 
Carrolton  Gazette,  a  public  newspaper  published  in  Carrolton  in 
Green  county,  and  also  in  the  Democratic  Union,  a  public  newspa- 
per published  in  Jerseyville  in  Jersey  county,  and  in  the  Jackson- 
ville Journal,  a  public  newspaper  published  in  Jacksonville  in  Mor- 
gan county,  the  stockholders  of  said  company  met  at  said  company '3 
office,  in  the  town  of  Jacksonville,  on  Tuesday,  the  9th  day  of  De» 
comber,  1862,  to  take  into  consideration  the  foregoing  agreement, 
and  they  then  and  there  preceeded  to  vote  for  the  adoption  or 
rejection  of  said  agreement.  That  at  said  meeting  three  thousand, 
ono  hundred  and  seventeen  (3,117)  votes  were  cast,  each  voterepre- 


3T 

scnting  one  share  of  stock  ;  that  three  thousand,  one  hundred  and 
seventeen  of  said  votes  were  cast  in  favor  of  the  adoption  of  said 
agreement,  and  none  against  the  same,  and  that  the  entire  number 
of  shares  of  stock  of  said  company  is  about  four  thousand,  eight 
hundred  and  forty-four  (4,844,)  and  that  therefore  the  stock  so  voted 
as  aforesaid  is  more  than  a  majority  of  the  entire  capital  stock  of 
said  company. 

IN  WITNESS   WHEREOF,  I  have  hereunto  set  my  hand  and 
[L.  S.]     affixed  the  corporate  seal  of  said  company,  this  ninth  day 
of  December,  A.  D.  1862. 

CHARLES  D.  HODGES,  Secretary. 


STATE  OF  ILLINOIS,  1  ™ 
MORGAN  COUNTY,  f 


.  I,  JAMES  BERDAN,  Secretary  of  the 

Tonica  and  Petersburg  Railroad  Company,  do  hereby 
certify  that  in  pursuance  to  notices  published  for  thirty 
previous  days  in  the  Jacksonville  Journal,  and  also  in  the  Jackson- 
ville Sentinel,  public  newspapers  published  in  Jacksonville,  in  Mor- 
gan county,  and  also  in  the  Menard  County  Axis,  and  in  the  Men- 
ard  Index,  public  newspapers  published  in  Petersburg  in  Menard 
county,  and  in  the  Illinois  State  Journal,  a  public  newspaper  pub- 
lished in  the  city  of  Springfield  in  Sangamon  county,  and  also  in 
the  Chicago  Tribune,  a  public  newspaper  published  in  the  city  of 
Chicago  m  Cook  county,  the  stockholders  of  said  company  met  at 
the  company's  office  in  Jacksonville,  on  the  ninth  day  of  December, 
1862,  to  take  into  consideration  the  foregoing  agreement,  and 
then  and  there  proceeded  to  vote  by  ballot  for  the  adoption  or  rejec- 
tion of  said  agreement ;  that  at  said  meeting  five  thousand  and 
twenty-six  and  a  half  votes  (5,026|)  votes  were  cast,  each  vote 
representing  one  share  of  stock  ;  that  all  of  said  votes  were  cast  in 
favor  of  the  adoption  of  said  agreement,  and  that  the  entire  num- 
ber of  shares  of  stock  in  said  company  is  about  six  thousand,  three 
hundred  and  seventy-eight  (6,378,)  and  that  therefore  the  stock  so 
voted  as  aforesaid  is  more  than  a  majority  of  the  entire  capitalstock 
of  said  company. 

IN  WITNESS  WHEREOF,  I  have  hereunto  set  my  hand  and 
£L.  S.]     affixed  the  corporate  seal  of  said  company,  this  ninth  day 
of  December,  1862. 

JAMES  BERDAN,  Secretary. 


38 

UXITKD  STATES  OF  AMERICA,  j  gg 
STATE  OF  ILLINOIS.         ) 

,— ^— s  I,  0.  M.  HATCH,  Secretary  of  State   of 

(  internal  )  fa  gtate  of  Illinois  hereby  certify  that  I  have  this  day  received  and 
t  RsetVaeZe  )  filed  in  my  office  the  articles  of  consolidation  made  and  entered  in 
>— v--'    to  on  the  27th  day  of  October  A.  D.  1862  between  the  Jacksonville, 
Alton  and  St.  Louis  railroad  company  and  the  Tonica  and  Petersburg  railroad 
company  and  duly   attested  by  the  proper  officers   of  said  roads  respectively  in 
accordance  with  the  provisions  of  the  act  of  the  General  Assembly  of  the  State 
of  Illinois  approved  February  28th  1854.     In  testimony  whereof  I  bere- 
ft., s.]   unto  set  my  hand  and  affix  the  seal  of  state  at  my  office  in  the  city  ot 
Springfield'on  this  30th  day  of  December,  A.  D.  1862. 

0.  M.  HATCH,  Secretary  of  State. 


89 


.AJST 


IN     AID     OF    THE    ST.    LOUIS,   JACKSONVILLE   AND    CHICAGO 
RAILROAD  COMPANY. 


SECTION  1.  Be  it  enacted  by  the  people,  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  whereas  the  Jacksonville, 
Alton  and  St.  Louis  railroad  company  and  the  Tonica  and  Peters- 
burg railroad  company  have,  by  articles  of  consolidation,  and  a 
large  majority  vote  of  the  stockholders  of  each  of  said  companies, 
consolidated  and  united  their  property  and  stock  under  the  name 
and  style  of  the  "St.  Louis  Jacksonville  and  Chicago  railroad  com- 
pany," under  and  by  virtue  of  the  general  law  of  this  state  authoriz- 
ing the  consolidation  of  railroad  companies  &c,,  approved  February 
28th,  A.  D.  1854,  which  said  articles  of  consolidation,  and  all  the 
proceedings  with  respect  to  the  adoption  and  ratification  of  the 
same  by  the  directors  and  stockholders  of  the  respective  constitu- 
ent companies  aforesaid,  and  to  the  election  of  the  first  board  of 
directors  of  the  said  consolidated  company  are  hereby  declared  le- 
gal and  valid:  now  therefore  the  said  consolidated  company,under  the 
name  of  the  St.  Louis  Jacksonville  &  Chicago  railroad  company  shall 
enjoy  possqss  and  exercise  all  the  privileges,  immunities  and  fran- 
chises which  were  possessed,  enjoyed  or  granted  by  or  to  either  and 
both  of  the  constituent  companies  aforesaid,  and  all  notes,  bonds, 
contracts,  agreements  and  promises  of  every  kind  made  with  either 
of  the  aforesaid  late  railroad  companies,  or  their  duly  authorized 
agents,  shall  inure  to  the  benefit  of  the  said  consolidated  railroad 
company  :  Provided,  that  all  subscribers  who  have  subscribed  to 
the  capital  stock  of  either  of  the  aforesaid  late  railroad  companies 
shall  be  deemed  stockholders  in  the  said  new  consolidated  railroad 
company  to  the  extent,  and  in  proportion  to  the  amount  so  subscrib- 
ed, and  shall  be  entitled  to  all  the  rights  and  subject  to  all  the  lia- 
bilities thereof  as  provided  in  the  articles  of  consolidation  afore- 
said. 

§  2.  That  full  authority  is  hereby  given  to  the  corporate  autho- 
rities of  the  several  counties,  townships,  cities,  villages  or  other 
municipal  corporations  owning  or  holding  stock  in  either  of  the  said 
late  Jacksonville,  Alton  and  St.  Louis,  and  Tonica  and  Petersburg 


40 

railroad  companies,  and  to  all  persons  holding  the  same  in  any  fi- 
diciary  capacity  or  otherwise  to  transfer,  assign  or  surrender  tho 
Bame  and  to  accept  and  receive  from  the  said  consolidated  company 
such  portion  of  the  new  stock  as  may  be  apportioned  to  the  stock 
BO  owned  and  held. 

§  3.  The  said  new  consolidated  company  shall  have  power  to 
extend  and  construct  to  and  unite  its  railroad  with  any  other  rail- 
road now  constructed  or  which  may  hereafter  be  constructed  in  this 
state,  and  shall  also  have  power  to  build,  construct,  and  maintain 
its  said  railroad  from  Jacksonville  north  to  the  city  of  Chicago,  via 
Ottawa  or  otherwise,  with  a  branch  road  to  any  point  on  the  Illi- 
nois river  south  of  the  city  of  Peru,  and  for  the  purposes  aforesaid 
shall  possess  and  exercise  all  the  privileges,  immunities  and  fran- 
chises, and  shall  enjoy  over  and  along  the  line  or  lines  of  railroad 
BO  to  be  built  and  extended  as  aforesaid,  the  same  privileges,  immu- 
nities, franchises  and  rights  which  were  granted  to  the  said  late 
Jacksonville,  Alton  and  St.  Louis,  and  Tonica  and  Petersburg  rail- 
road companies  by  their  respective  charters  and  the  several  amend- 
ments thereto. 

§  4.  The  board  of  directors  of  the  said  consolidated  railroad- 
company  shall  have  power  and  authority  to  provide  in  their  by- 
laws, if  in  their  discretion  they  shall  think  proper  to  do  so,  for  the 
construction  of  said  railroad  by  divisions,  but  all  subscriptions 
heretofore  made  to  either  of  the  said  late  railroad  companies  may  be 
appropriated  and  expended  in  such  manner  and  at  such  places  on 
the  line  or  lines  of  road  as  the  board  of  directors  of  the  said  con- 
solidated railroad  company  may  determine,  and  all  real,  mixed  or 
personal  property,  bonds,  notes,  contracts  or  choses  in  action,  own- 
ed or  possessed  by  either  of  the  aforesaid  late  railroad  companies,  to- 
wit :  the  Jacksonville,  Alton  and  St.  Louis,  and  Tonica  and  Peters- 
burg railroad  companies  shall  according  to  the  articles  of  said  con- 
solidation be  vested  in  the  new  consolidated  company,  with  full 
power  to  its  board  of  directors  and  duly  authorized  agents,  to  sell, 
lease,  transfer,  or  convey  by  mortgage  or  deed  of  trust,  or  other- 
wise, as  may  be  deemed  for  the  interest  of  said  company,  any  part 
or  all  of  said  railroad  property,  and  all  such  sales  transfers,  con- 
veyances, mortgages,  or  deeds  of  trust,  shall  be  binding  and  valid 
and  of  full  eifect  in  law  and  equity,  and  the  directors  may  in  their 
discretion  incorporate  a  condition  in  the  mortgage  bonds  which 
they  are  authorized  to  issue  by  which  the  holder  or  holders  of  such 
bonds  shall  have  the  right  to  vote  at  all  elections  of  directors  for  said 
company  upon  such  conditions  as  may  be  deemed  expedient  by  said 
directors. 

§  5.  The  said  new  consolidated  company  may  increase  its  capi- 
tal stock  to  any  amount  necessary  to  complete  and  equip  said  ro;td, 
not  exceeding  the  amount  necessary  therefor,  and  books  of  sub- 
scription for  said  stock  shall  be  opened  at  the  treasurers  office  in  tho 
town  of  Jacksonville,  or  elsewhere  as  may  be  directed  by  the  board 


41 

of  directors,  which  new  subscription  shall  be  under  the  same  rules, 
restrictions  and  penalties  as  provided  for  in  the  charters  and  amend- 
ments of  the  aforesaid  late  railroad  companies. 

§  6.  The  certificate  of  the  secretary  of  the  said  new  consolidat- 
ed company,  under  the  corporate  seal  thereof  shall  be  received  in  all 
courts  of  justice  and  elsewhere,  as  evidence  of  the  regular  organi- 
zation of  said  consolidated  company,  under  its  consolidated  char- 
ter, and  of  any  act  or  order  of  the  board  of  directors  of  said  com- 
pany, and  all  the  acts  and  doings  of  the  said  constituent  companies 
and  of  the  said  consolidated  company  in  the  consolidation  and  or- 
ganization of  the  St.  Louis  Jacksonville  and  Chicago  railroad  com- 
pany are  hereby  declared  to  be  good  and  valid,  and  all  the  rights 
privileges,  and  immunities  and  franchises  of  each  of  the  said  late 
Jacksonville  Alton  and  St.  Louis,  and  Tonica  and  Petersburg  rail- 
road companies,  as  possessed  enjoyed  or  granted  by  or  to  them,  are 
hereby  declared  to  be  lawfully  vested  in  and  owned  by  the  said 
new  consolidated  company  under  the  name  of  the  St.  Louis  Jack- 
sonville and  Chicago  railroad  company. 

§  7.  That  in  case  the  said  new  consolidated  company  shall 
hereafter  make  and  execute  any  deedor  deeds  of  trust,  mortgage  or 
mortgages  or  other  conveyances  of  all  or  any  part  of  their  said  rail- 
road and  the  same  should  thereafter  be  foreclosed  and  sold  by  any 
proceedings  in  law  or  equity  or  in  pursuance  of  a  power  or  pow- 
ers in  such  mortgage  or  mortgages,  deedor  deeds  of  trust  contain- 
ed, or  by  the  joint  exercise  of  the  said  authorities,  the  purchaser 
or  purchasers  of  the  same  or  their  survivors  or  survivor,  or  they 
or  he  and  his  associates,  or  their  or  his  assigns,  may  form  a  corpo- 
ration by  filing  in  the  office  of  the  secretary  of  State  under  their 
or  his  signatures,  a  certificate  specifying  the  name  of  such  corpo- 
ration, the  number  of  directors,  the  names  of  the  first  directors 
and  the  period  of  their  services,  not  exceeding  two  years,  the 
amount  of  original  capital,  and  the  number  of  shares  into  which 
such  capital  is  to  be  divided,  and  thereupon  the  person  or  persons 
who  shall  have  signed  such  certificate  shall  be  a  body  politic  and 
corporate,  by  the  name  stated  in  such  certificate  and  a  copy  of  such 
certificate  attested  by  the  signature  of  the  secretary  of  state  or 
his  deputy,  shall,  in  all  courts  and  places,  be  evidence  of  the  due 
formation  and  existence  of  the  said  corporation  and  of  the  facts 
in  the  said  certificate  stated,  and  the  corporation  in  pursuance 
thereof  shall  have  and  enjoy  all  the  rights,  privileges,  immunities 
and  franchises  granted  to  or  belonging  to  said  new  consolidated  St. 
Louis,  Jacksonville  and  Chicago  railroad  company. 

§  8.  That  the  St.  Louis  Jacksonville  and  Chicago  railroad  com- 
pany may  at  any  time  hereafter  in  its  discretion,  build  such  part 
or  portion  of  the  railroad  which  it  is  now  authorized  to  construct, 
and  those  parts  or  portions  only,  which  its  directors  shall  think 
most  expedient  for  the  interests  of  said  company,  and  shall  have 
power  to  extend  its  main  line,  and  to  build  a  branch  or  branches 


4-2 

from  such  main  line,  to  any  other  railroad  or  railroads  with 
which  it  may  be  able  to  make  a  connection  so  as  with  such 
other  railroad  or  railroads  to  form  a  continuous  line,  and  in  respect 
to  such  extension  and  branches  shall  have  all  the  powers  rights 
and  privileges  it  now  has  in  regard  to  its  main  line  or  any  part 
thereof.  S.  A.  BUCKMASTER, 

Speaker  of  the   House  of  Representatives, 
FRANCIS  A.  HOFFMAN, 

Speaker  of  the   Senate. 

APPROVED,  February  13th,  1863. 

RICHARD    YATKS,    Governor. 


UNITED  STATES  OK  AMERICA,  1    „<, 
STATE  OK. ILLINOIS.  j "   L  "  ' 

1,0.  M.  HATCH,  Secretary  of  State,  of  the  State  of 
Illinois,  do  hereby  certify  that  the  foregoing  is   a    true  copy  of  an  en- 
[u  s.]    rolled  law  now  on  file  in  my  office.     In  witness  whereof  I  have  here- 
unto set  my  hand,    and    affixed  the  great   seal   of  state,    at  the  city 
of  Springfield,  this  sixteenth  day  of  February  A.  D.  1863. 

0.  M.  HATCH,    Secretary  of  State. 


SUPPL  EMENT. 

ACTS  OMITTED  IN  THE  FOREGOING  COMPILATION. 


AN   ACT  surrendering  title  and  interest  of  State  in  the  track  of  a  certain  railroad 
to  certain  persons,  for  railroad  purposes,  therein  named. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  .State  of  Illinois, 
represented  in  the  G-eneral  Assembly,  That  the  state  of  Illinois 
hereby  surrenders  to  William  Shepherd,  Castle  R.  Harrison  and 
George  B.  Stocker,  for  the  use  of  the  Jacksonville,  Alton  and  St. 
Louis  Railroad  Company,  to  be  used  for  the  purpose  of  said  rail- 
road, and  for  no  other  purpose,  all  the  right,  title  or  interest  she 
has  in  the  track,  grade,  right  of  way,  or  other  privileges  or  appur- 
tenances of,  in  or  belonging  to  so  much  of  the  Alton  and  Spring- 
field Railroad  as  lies  between  the  St.  Louis,  Alton  and  Chicago 
Railroad,  in  township  five  north,  range  ten  west  of  the  third  prin- 
cipal meridian,  extending  through  the  town  of  Upper  Alton,  to 
the  eastern  limits  of  the  city  of  Alton,  in  Madison  county  ;  and 
the  said  William  Shepherd,  Castle  R.  Harrison  and  George  R. 
Stocker,  for  the  use  aforesaid,  and  for  the  purposes  aforesaid,  are 
hereby  authorized  to  take,  use  and  enjoy  all  such  rights,  interests, 
claim  or  demand  of  this  state  in  the  work  or  material  of  that  part 
of  the  road  above  described,  as  is  now  belonging  or  appertaining 
to  the  state. 

§  2.     This  act  shall  be  in  force  from  and  after  its  passage. 

APPROVED  February  21,  1859. 


AN   ACT  to  amend  an  act    entitled  "An  act  to  incorporate  the  Petersburg  ami 
Tonica  Railroad  Company." 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  G-eneral  Assembly,  That  said  company  is  hereby 
authorized  to  receive  subscriptions  to  its  capital  stock,  payable  in 
cither  real  or  personal  property ;  and  such  subscriptions,  hereto- 
fore made,  are  hereby  declared  legal  and  binding  ;  and,  on  a  fail- 


ure,  neglect  or  refusal  of  any  such  subscriber,  his  heirs,  executors 
and  administrators,  to  make  such  payment  or  comply  with  the 
conditions  thereof,  the  said  company  may  proceed,  by  suit,  in  any 
court  having  competent  jurisdiction  thereof,  and  recover  the  amount 
in  value  so  subscribed. 

§  2.  And  the  said  company  is  hereby  authorized  and  empow- 
ered to  receive  subscriptions  to  its  capital  stock,  payable  in  money, 
work,  labor,  materials,  equipments  or  any  other  kind  of  property, 
real  or  personal,  at  any  time  thereafter,  either  when  the  entire 
road  is  in  operation  or  any  part  of  it,  or  at  any  time  thereafter,  and 
may  receive  notes  or-bonds  for  the  same,  and  such  security,  either 
real  or  personal,  and  with  or  without  interest,  as  may  be  agreed 
upon.  The  notes,  bonds,  with  all  securities,  may  be  assigned  or 
transferred  by  said  company ;  and  such  assignment  or  transfer 
shall  vest  in  the  assignee  or  assignees  the  legal  title  thereto. 

§  3.  This  act  shall  take  effect  and  be  in  force  from  and.  after 
its  passage. 

APPROVED  February  22,  1861. 


II: 


